June 26, 2025
New York State law requires private employers to provide written notice to employees if the employer wishes to reserve the right to monitor or intercept employee telephone, email, or internet usage.
New York’s Electronic Monitoring Law took effect on May 7, 2022.
The law applies to all private employers with a place of business in New York State, regardless of size, who reserve the right to monitor or intercept employee phone conversations, email communications, or internet usage/access.
Employers must provide written notice to new employees at the time of hire. This notice must inform the employee that all telephone, email, and internet activity may be subject to monitoring.
The written notice must include:
A clear statement that any and all use of telephone, email, or internet access may be monitored
Acknowledgment from the employee that they have received the notice
The notice must be provided in writing, in hard copy or electronic form, and employees must acknowledge receipt in writing or electronically.
In addition to the individualized notice, employers must also post a notice of electronic monitoring in a conspicuous place where it can be seen by employees who are subject to monitoring.
This law does not apply to:
System maintenance or protection
Network or device monitoring performed solely for system security, maintenance, or diagnostics