Prohibits employers from requiring or requesting employees working at home to install monitoring software on the personal electronic device of such employee, limits monitoring on an electronic device provided by the employer to the website browsing history of such employee, and prohibits an employer from requiring an employee to leave a camera on while such employee is working from home; provided, however, an employer may require an employee to utilize a video communication program for work-related activities.
STATE OF NEW YORK
________________________________________________________________________
108
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to prohibiting employers from
certain monitoring activities of employees working at home
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new section 202-n to
2 read as follows:
3 § 202-n. Protection of employees from certain electronic monitoring.
4 1. No employer shall download, install, or require or request an employ-
5 ee to download or install, any program which monitors the activities of
6 such employee while such employee is working on a personal electronic
7 device. As used in this section "monitor" includes, but is not limited
8 to, tracking of mouse movements, keyboard strokes, website browsing
9 history, location data, video recording of screens or access to cameras
10 for the purpose of tracking productivity and/or monitoring employees
11 remotely.
12 2. No employer shall utilize any program which monitors the activities
13 of an employee while such employee is working from home on an employer
14 provided electronic device, provided however, that an employer may moni-
15 tor the website browsing history of such employee on such employer
16 provided electronic device.
17 3. No employer shall require an employee to leave a camera connected
18 to or part of, an electronic device on while such employee is working
19 from home.
20 4. The commissioner may promulgate regulations as he or she deems
21 necessary for the purposes of carrying out the provisions of this
22 section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01385-01-3
A. 108 2
1 5. Nothing in this section shall preclude an employer from requiring
2 an employee to utilize a video communication program for work-related
3 activities.
4 § 2. This act shall take effect immediately.
