Effective May 7, 2022, most New York employers must notify their employees of any electronic monitoring by posting a notice in the workplace. Additionally, employers must give express written notice to all new employees of any electronic monitoring the employer performs and obtain written or electronic acknowledgment of such monitoring. The law applies broadly to any employer that is an individual, corporation, partnership, firm or association with a place of business in the state of New York, regardless of size.

This law follows a trend of jurisdictions that are increasing employer notice obligations as they pertain to employee privacy, and New York employers should take steps, as outlined below, to ensure that their current notices and policies comply with this newly-enacted New York electronic monitoring law.

Overview of the Law

As businesses and government offices ramp up their on-site operations, they are turning to smartphone applications to help keep track of the health status of persons entering their buildings. In…