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Time’s Up: Electronic Monitoring Notice Requirements for New York Employers Take Effect This Week

New York employers that monitor or otherwise intercept their employees’ electronic usage, access, or communication using any electronic devices or systems need to make sure they are following a state law enacted last year, which takes effect very soon. By Saturday, May 7, as explained in full detail here, all employers must comply with posting and notice mandates of the state’s new electronic monitoring law that requires prior disclosure to their employees of such monitoring, tracking, or intercepting of employee electronic communications or telephone conversations, such as monitoring of email, telephones, or internet access. New hires must receive and acknowledge written or electronic notification of any covered employer practices. Employers must also post a notice at New York worksites in a conspicuous place that is readily available for viewing by employees subject to the law. Failure to comply could subject an employer to civil penalties starting at $500 and as high as $3,000 per violation.