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New Laws for 2022: S2628 (New York)


Late last year, New York Governor Kathy Hochul signed S2628 into law which amends the New York Civil Rights Law.  S2628 will require New York employers to provide prior notice in regard to the monitoring of an employee’s telephone, email, or internet usage at work.

Per the language in this legislation, employers will be required to notify employees that “any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access usage by an employee by any electronic device or system” may be subject to monitoring.  Notably, employers will be required to obtain an employee’s acknowledgement of being notified, either in writing or electronically.

While this new law does not go into effect until May 7th, New York employers would be wise to take steps to provide notice to current employees before that date so as to not run afoul of this law.  As well, New York employers will be required to provide notice to new employees “upon hiring.”

While May 7th may seem like a ways away, there is no time like the present for New York employers to take steps to ensure compliance before that effective date.


For additional information:  https://www.nysenate.gov/legislation/bills/2021/s2628

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