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A00430 Actions:

BILL NOA00430
 
01/06/2021referred to labor
05/11/2021reported referred to codes
05/19/2021reported referred to rules
05/24/2021reported
05/24/2021rules report cal.69
05/24/2021ordered to third reading rules cal.69
06/02/2021passed assembly
06/02/2021delivered to senate
06/02/2021REFERRED TO RULES
06/09/2021SUBSTITUTED FOR S2628
06/09/20213RD READING CAL.965
06/09/2021PASSED SENATE
06/09/2021RETURNED TO ASSEMBLY
10/27/2021delivered to governor
11/08/2021signed chap.583
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A00430 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           430
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  L. ROSENTHAL,  ZEBROWSKI, GOTTFRIED, CAHILL,
          PERRY, WEPRIN, DE LA ROSA, CRUZ, ABINANTI, COLTON  --  Multi-Sponsored
          by  --  M. of A.   GALEF -- read once and referred to the Committee on
          Labor
 
        AN ACT to amend the civil rights law, in relation to electronic monitor-
          ing
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  civil  rights law is amended by adding a new section
     2  52-c to read as follows:
     3    § 52-c. Employers  engaged  in  electronic  monitoring;  prior  notice
     4  required.  1.  For purposes of this section, employer means any individ-
     5  ual, corporation, partnership, firm, or  association  with  a  place  of
     6  business  in  the state. It shall not include the state or any political
     7  subdivision of the state.
     8    2. (a) Any employer who monitors  or  otherwise  intercepts  telephone
     9  conversations  or  transmissions,  electronic  mail or transmissions, or
    10  internet access or usage of or by an employee by any  electronic  device
    11  or  system,  including  but  not limited to the use of a computer, tele-
    12  phone, wire, radio, or electromagnetic, photoelectronic or photo-optical
    13  systems, shall give prior written notice upon hiring  to  all  employees
    14  who  are  subject  to electronic monitoring. The notice required by this
    15  subdivision shall be in writing, in an electronic record, or in  another
    16  electronic  form  and  acknowledged by the employee either in writing or
    17  electronically. Each employer shall also post the notice  of  electronic
    18  monitoring in a conspicuous place which is readily available for viewing
    19  by its employees who are subject to electronic monitoring.
    20    (b)  For  purposes of written notice required by paragraph (a) of this
    21  subdivision, an employee shall be advised that  any  and  all  telephone
    22  conversations  or  transmissions,  electronic  mail or transmissions, or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00537-01-1

        A. 430                              2
 
     1  internet access or usage by an employee  by  any  electronic  device  or
     2  system,  including  but not limited to the use of a computer, telephone,
     3  wire, radio or electromagnetic, photoelectronic or photo-optical systems
     4  may  be  subject  to  monitoring  at any and all times and by any lawful
     5  means.
     6    3. The attorney general may enforce the provisions  of  this  section.
     7  Any  employer  found to be in violation of this section shall be subject
     8  to a maximum civil  penalty  of  five  hundred  dollars  for  the  first
     9  offense,  one thousand dollars for the second offense and three thousand
    10  dollars for the third and each subsequent offense.
    11    4. The provisions of this section shall not apply  to  processes  that
    12  are  designed to manage the type or volume of incoming or outgoing elec-
    13  tronic mail or telephone voice mail or  internet  usage,  that  are  not
    14  targeted  to monitor or intercept the electronic mail or telephone voice
    15  mail or  internet  usage  of  a  particular  individual,  and  that  are
    16  performed  solely  for the purpose of computer system maintenance and/or
    17  protection.
    18    § 2. This act shall take effect on the one hundred eightieth day after
    19  it shall have become a law.
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