While employers generally provide some form of notice of electronic monitoring, as a matter of practice, in their employee handbook, New York now requires transparency about workplace monitoring as a matter of law. On November 8, 2021, New York’s governor signed a bill that amends New York State’s Civil Rights Law to require private employers not only to notify employees of electronic monitoring, but also to obtain their written acknowledgement of the notice. The amendment will become effective on May 7, 2022.
By Philip Gordon, Joseph Flanagan, and Spencer Soucy via Littler