New Workplace Privacy Legislation Requires New York Private Employers to Inform Employees of Electronic Monitoring

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On November 8, 2021, New York Governor Kathy Hochul signed new workplace privacy legislation (A.430/S.2628) into law. Beginning in May 2022, private employers with a “place of business” in the state of New York will have to inform their 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.” This legislation does not apply to state or local government employers.

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