Notice for Monitoring Employees’ Use of Electronic Systems
Posted by [email protected] on May. 19, 2022 / Subscribe 0
Ensure You Are Providing Appropriate Notice for Monitoring Employees’ Use of Electronic Systems
By Tracey I. Levy
Private employers in New York who monitor or otherwise intercept phone conversations, email or internet access or usage, or usage of any other electronic device or system, are required to have issued to their employees written notice of this monitoring/interception as a result of a new state law that took effect May 7. In addition to notifying all current employees, employers are required to provide the notice to all new hires whose communications/usage may be subject to monitoring. Also, the notice must be posted in a conspicuous place that is readily viewed by those employees who are impacted.
The notice must advise employees, as applicable, that their telephone conversations or transmissions, electronic mail or transmissions, internet access or usage, or usage of any electronic device or system including but not limited to a computer, telephone, wire, radio or electromagnetic, photoelectronic or photo-optical system, may be subject to monitoring at any and all times and by any lawful means.
The required notice can be delivered electronically or in hard copy. As with wage rate notices under the New York Labor Law, employees are required to acknowledge receipt of the notice, and it is advisable for employers to save those acknowledgments.
Processes an employer may use to manage the type or volume of electronic communications or internet usage for computer system maintenance or protection, which are not targeted to a particular individual, are excepted from the notice requirement.
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