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NY A03871
Bill
Status
5/4/2009
Primary Sponsor
Kevin Cahill
Click for details
AI Summary
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Requires employers with a place of business in New York to provide prior written notice upon hiring to all employees subject to electronic monitoring of telephone conversations, email, or internet usage.
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Notice must be provided in writing or electronic form and acknowledged by the employee in writing or electronically, and must also be posted in a conspicuous workplace location.
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Employees must be informed that telephone conversations, email, and internet usage may be subject to monitoring at any time by any lawful means.
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Violations are subject to civil penalties of $500 for the first offense, $1,000 for the second offense, and $3,000 for each subsequent offense, enforced by the Attorney General.
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Exempts routine system maintenance and management processes designed to control email or voicemail volume and internet usage that are not targeted at monitoring particular individuals.
Legislative Description
Requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur; when an employer has reasonable grounds to believe that employees are engaged in conduct which (1) violates the law, (2) violates the legal rights of the employer or the employer's employees, or (3) creates a hostile workplace environment, and electronic monitoring may produce evidence of this misconduct, the employer may conduct monitoring without giving prior written notice.
Last Action
3RD READING CAL.417
7/1/2010