by Natasha G. Kohne , Michelle Reed , Esther Lander and Lauren E. York
On May 7, 2022, private employers-regardless of annual revenue or headcount-with a place of business in New York will have to provide all newly hired employees with written notice of the employer's electronic device monitoring activities (including monitoring of employees' telephone, email and internet access or usage) thanks to a new amendment to the Civil Rights Law (the "Act").1
Given the prevalence of remote work during the pandemic, electronic monitoring and surveillance of employees has become increasingly common. New York joins a handful of other states (including California, Connecticut and Delaware) in creating a statutory scheme specific to workplace monitoring.