by Howard S. Lavin and Elizabeth DiMichele
Effective May 7, 2022, the New York State Civil Rights Law (the "CRL") will require any employer with a place of business in New York State that monitors its employees' telephone, email or internet usage by electronic means to provide written notice, and to obtain an acknowledgement, of such monitoring upon hiring.
Under this CRL amendment, the notice and acknowledgment requirements apply to employers that monitor or otherwise intercept telephone conversations or transmissions, email or internet access or usage by an employee by any electronic device or system, including by the use of a computer, telephone, electromagnetic, photoelectronic or photo-optical systems. This CRL requirement is not limited to employer-provided computers and devices, but also covers employees who use their personal devices to transmit and receive emails and access the internet through their employer's systems.