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NY Notice of Electronic Monitoring

New York Requires Notice of Electronic Monitoring.

It has long been a best practice for employers to include in their employee handbooks a provision putting employees on notice that their use of company computer, phone and email systems is subject to employer monitoring.

New York now has made such notice mandatory, amending the state’s Civil Rights Law to require written notice to employees if the employer “monitors or otherwise intercepts” telephone calls, emails or internet usage using “any electronic device or system.”

The law takes effect May 7, 2022. Notices need to be provided to employees and posted conspicuously in either a physical location or on the company intranet.

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