What's happening
This bill requires private employers in New York to provide written notice to employees before electronically monitoring workplace communications or internet usage.
Why it matters
Enhances employee privacy and transparency. by requiring employers to inform workers in writing, at the time of hiring, if their communications or internet use may be monitored—helping employees make informed decisions about their workplace conduct.
Sets clear enforcement and penalties. with escalating fines for employers who fail to provide the required notice, empowering the Attorney General to hold businesses accountable and encouraging compliance.
Limits overreach by employers. by exempting general system processes—such as spam filtering or network maintenance—that don’t target individual monitoring, striking a balance between business needs and employee privacy.
Mandates visible workplace postings. of monitoring practices, ensuring all employees (including current staff) are aware of surveillance policies, not just new hires, and reducing the likelihood of secretive monitoring.
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Who cares
Headline styles
Notify Employees of Monitoring
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
1 Multi-sponsor
History
- Amended on third reading 1920a
- Ordered to third reading cal.87
- Advanced to third reading cal.104
- Reported
- Reported referred to codes
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Notice of Employee Monitoring
In Senate Committee · Codes · Sponsor James Sanders Jr.
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1920--A Cal. No. 87
2019-2020 Regular Sessions
IN ASSEMBLY
January 18, 2019
Introduced by M. of A. L. ROSENTHAL, JAFFEE, ZEBROWSKI, GOTTFRIED, CAHILL, PERRY, WEPRIN, COLTON, ABINANTI, DE LA ROSA, CRUZ -- Multi- Sponsored by -- M. of A. GALEF -- read once and referred to the Committee on Labor -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the civil rights law, in relation to electronic monitoring
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil rights law is amended by adding a new section 52-c to read as follows:
§ 52-c. Employers engaged in electronic monitoring; prior notice required. 1. For purposes of this section, employer means any individual, corporation, partnership, firm, or association with a place of business in the state. It shall not include the state or any political subdivision of the state.
2. (a) Any employer who monitors or otherwise intercepts telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of or by an employee by any electronic device or system, including but not limited to the use of a computer, telephone, wire, radio, or electromagnetic, photoelectronic or photo-optical systems, shall give prior written notice upon hiring to all employees who are subject to electronic monitoring. The notice required by this subdivision shall be in writing, in an electronic record, or in another electronic form and acknowledged by the employee either in writing or electronically. Each employer shall also post the notice of electronic monitoring in a conspicuous place which is readily available for viewing by its employees who are subject to electronic monitoring.
(b) For purposes of written notice required by paragraph (a) of this subdivision, an employee shall be advised that any and all telephone conversations or transmissions, electronic mail or transmissions, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04615-02-0
A. 1920--A 2
internet access or usage by an employee by any electronic device 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 any and all times and by any lawful means.
3. The attorney general may enforce the provisions of this section. Any employer found to be in violation of this section shall be subject to a maximum civil penalty of five hundred dollars for the first offense, one thousand dollars for the second offense and three thousand dollars for the third and each subsequent offense.
4. The provisions of this section shall not apply to processes that are designed to manage the type or volume of incoming or outgoing electronic mail or telephone voice mail or internet usage, that are not targeted to monitor or intercept the electronic mail or telephone voice mail or internet usage of a particular individual, and that are performed solely for the purpose of computer system maintenance and/or protection.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.