Matthew Purushotham
Tue, 05/17/2022
A new law, amending New York’s civil rights law, requires private employers to notify employees of the employer’s practices relating to monitoring electronic communications at the time they are hired and through posting the information in a “conspicuous place.”
The covered forms of monitored communication include telephone conversations, text messages, e-mail, and internet activity. The law requires employers to obtain written or electronic acknowledgment of the notification from employees.
Employers who violate the law’s notice requirement are subject to maximum civil penalties of $500 for a first offense, $1,000 for a second offense, and $3,000 for a third offense (and each subsequent offense).
The law does not apply to processes designed to manage the volume of incoming or outgoing e-mail, voicemail, or internet usage that are not targeted toward specific individuals and that are performed solely for the purpose of “computer system maintenance and/or protection.”
If you are an employee who believes that your employer has violated this or any other law related to your pay or conditions of employment, contact MSE at info@mselaborlaw.com.
