Starting May 7, 2022, employers of any size in New York who monitor or tap employees’ phones, text messages, email, instant messages, or internet use must provide them with a notice upon hire and obtain a written acknowledgment. The notice and acknowledgment can be electronic (such as through the company intranet).
The notice must state that “any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system, including but not limited to the use of a computer, telephone, wire, radio or electromagnetic, photoelectronic, or photo-optical systems may be subject to monitoring at any and all times and by any lawful means.” Employers are also required to post the notice in a conspicuous place.
Employers don’t have to provide this notice if the monitoring:
- Is designed to manage the type or volume of email, voicemail, or internet use
- Is limited to aggregate data (meaning it doesn’t connect individual employees with their use data)
- Is performed solely for computer system maintenance or protection
For example, you don’t have to provide this notice for use of spam filters.
Action Items
If you electronically monitor employees’ phone, email, or internet:
- Provide an electronic monitoring notice to new employees upon hire
- Keep a copy of each employee’s acknowledgment
- Post the notice in an easily accessible location
We recommend posting the notice in the workplace, online, or both to ensure that all employees can easily view it.