As of May 7, employers in New York State are now required to provide a written notice to all employees if the employer “monitors or otherwise intercepts” telephone conversations, e-mail, or internet access or usage “of or by an employee by any electronic device or system.” The workplace privacy legislation (A.430/S.2628) was signed into law back in November 2021. Per the legislation, all private sector employers have to provide notice of such monitoring “in writing, in an electronic record, or in another electronic form,” and you have to obtain written or electronic acknowledgment from your employees denoting that the employee knows he or she is being monitored. Employers are also required to post notice of electronic monitoring “in a conspicuous place,” such that it is “readily available” to employees subject to electronic monitoring. Per the law, employers need to give notice and secure an acknowledgment from new hires. The law does not require employers to obtain an acknowledgment from existing employees. However, employers must post a notice of their electronic monitoring in a conspicuous place that is readily available for viewing by all employees subject to the electronic monitoring. The new law gives the New York attorney general authority to enforce its provisions. It also sets maximum penalties of $500 for a first offense, $1000 for a second offense, and $3000 for a third and for all subsequent offenses. Read the legislation here.