January Tip of the Month: New York Mandates Electronic Monitoring Notice
Effective May 7, 2022, New York employers that electronically monitor their employees' telephone, email, or internet access or usage will be required to provide their employees with written notice of such electronic monitoring upon hire. This electronic monitoring law further requires that each new hire acknowledge the notice, either in writing or electronically. Employers must also post a notice "in a conspicuous place which is readily available for viewing" regarding such monitoring. Employers should promptly consider their electronic monitoring practices and, as applicable, begin preparing the required notices and acknowledgement forms and updating their employee onboarding practices in order to comply with this new law.
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Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.