New York:Employers Must Give Employees Notice of Electronic Monitoring

Effective May 7, 2022, New York employers will be required to provide notice to employees for certain types of electronic monitoring.

All private employers with a place of business in the state are required to:

  • Provide advance, written notice, which can be electronic, of the monitoring to all new employees. To download the New Hire Electronic Monitoring Acknowledgement, click here.
  • Obtain a written acknowledgment (which may be in electronic form) from those employees before monitoring them.
  • The notice must inform the employee that any phone calls, emails, or internet use by them via company-issued and/or personal electronic devices or system, including but not limited to the use of a computer, telephone, wire, radio or electromagnetic, photoelectronic, or photo-optical systems may be subject to monitoring at all times and by any lawful means.
  • Employers do not have to provide written notice to existing employees, and existing employees do not need to acknowledge that their communications may be monitored. However, employers must post a conspicuous notice regarding the electronic monitoring where those who are being monitored can see it.
  • Employers must also conspicuously post the notice of electronic monitoring in a place where employees who are subject to electronic monitoring can see it. To download the general notice for the Electronic Monitoring Law that should be posted near to labor law poster, click here.

However, the notice requirements don’t apply to processes used to manage the type or volume of incoming or outgoing emails, voicemails, or internet use if they aren’t targeting the use of a particular individual and are solely for computer system maintenance or protection.

What to Expect:

EBC’s HR Services offers to review Handbooks and New Hire Paperwork to assist with implementing the New York IT Monitoring law. Current HR clients can coordinate with their Advisor regarding Handbook and/or New Hire Paperwork updating


Having EBC HR & Payroll Solutions, Inc. on your team allows you to move forward with confidence, knowing that we’re doing right by your employees, doing right by you, and it’s all being done in accordance with all the latest rules, regulations, and laws. Our philosophy is to provide a comprehensive, wide range of services to all our clients.

For more information regarding Tax/Banking and Payroll Services provided by EBC, please reach out to Mark Terry, Business Development Consultant at 716.998.4404 or mterry@ebchcm.com and/or Charles Bagley, Sr. Human Capital Management Business Consultant at 716.574.9947 or cbagley@ebchcm.com.

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