With technological advances, it is increasingly easier for employers to track and monitor employees for legitimate business reasons, including enhancing productivity and efficiency, ensuring compliance with safety laws, or investigating suspected unlawful conduct. However, employers in New Jersey and New York should proceed at their own risk as new state laws place strict requirements on employer monitoring.
In an article entitled “New Jersey and New York Impose New Notice Requirements Regarding Employer Monitoring,” published in the New Jersey Labor and Employment Quarterly, Beth P. Zoller outlines these requirements and the potential impact they may have on employers.
Specifically, private employers in New Jersey should take note that, effective April 18, 2022, they are required to provide written notice to employees when utilizing tracking devices, whether in a privately-owned or company-owned vehicle. Additionally, effective May 7, 2022, an amendment to the New York Civil Rights Law (through Senate Bill 2628) requires all private employers, individuals, or entities with a “place of business” in the state of New York to inform all current employees as well as all employees upon hiring if the employer “monitors or otherwise intercepts” telephone conversations, email, or internet access or usage “of or by an employee by any electronic device or system including but not limited to the use of a computer, telephone, wire, radio, or electromagnetic, photoelectronic or photo-optical systems.”
Click here to read the full article.
This summary is for informational purposes only and is not intended to constitute legal advice. This information should not be reused without permission.
