In late 2021, New York Governor Kathy Hochul signed an amendment to New York’s Civil Rights Law that requires employers to provide prior notice to employees regarding the monitoring of electronic devices and systems. The amendment takes effect on May 7, 2022.

Many employers electronically monitor employees to track the transmittal of confidential information, detect inappropriate behavior, or ensure productivity. Historically, federal and state law have allowed monitoring with the express or implied consent of the employee. The New York legislation now requires employers in the state to obtain employees’ express written acknowledgment of electronic monitoring, and employers should take action now to revise their policies and practices accordingly.

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