Assembly Actions -
Senate Actions - UPPERCASE
|May 19, 2016||
referred to investigations and government operations
Senate Bill S7875
2015-2016 Legislative Session
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2015-S7875 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Labor Law
- Laws Affected:
- Add §52-a, Civ Rts L
- Versions Introduced in Other Legislative Sessions:
2011-2012: S5364, A1485
2013-2014: S4676, A1180
2015-S7875 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7875 TITLE OF BILL : An act to amend the civil rights law, in relation to electronic monitoring PURPOSE OR GENERAL IDEA OF BILL : To require private employers who engage in monitoring or intercepting electronic communications of any employee by any electronic device or system to provide notice of such monitoring. SUMMARY OF SPECIFIC PROVISIONS : This bill amends the civil rights law by adding a new section 52(a). Subdivision 1 defines for the purposes of the section the term employer, which shall not include the state or any political subdivision of the state. Subdivision 2 requires private employers engaging in electronic monitoring, which includes monitoring or otherwise intercepting telephone conversations or transmissions, electronic mail or transmission, or internet usage of or by the employee, by any electronic device or system, to give prior notice to employees in writing, in an electronic record, or in another electronic form. The notice must be acknowledged by the employee either in writing or electronically. Employers are also required to post the notice in a
2015-S7875 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7875 I N S E N A T E May 19, 2016 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations 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: Section 1. The civil rights law is amended by adding a new section 52-a to read as follows: S 52-A. EMPLOYERS ENGAGED IN ELECTRONIC MONITORING; PRIOR NOTICE REQUIRED. 1. FOR PURPOSES OF THIS SECTION, EMPLOYER MEANS ANY INDIVID- UAL, CORPORATION, PARTNERSHIP, FIRM, OR ASSOCIATION WITH A PLACE OF BUSINESS IN THE STATE. IT SHALL NOT INCLUDE THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE. 2. (A) ANY EMPLOYER WHO MONITORS OR OTHERWISE INTERCEPTS TELEPHONE CONVERSATIONS OR TRANSMISSIONS, ELECTRONIC MAIL OR TRANSMISSIONS, 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, TELE- PHONE, WIRE, RADIO, OR ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL SYSTEMS, SHALL GIVE PRIOR WRITTEN NOTICE UPON HIRING TO ALL EMPLOYEES WHO ARE SUBJECT TO ELECTRONIC MONITORING. THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE IN WRITING, IN AN ELECTRONIC RECORD, OR IN ANOTHER ELECTRONIC FORM AND ACKNOWLEDGED BY THE EMPLOYEE EITHER IN WRITING OR ELECTRONICALLY. EACH EMPLOYER SHALL ALSO POST THE NOTICE OF ELECTRONIC MONITORING IN A CONSPICUOUS PLACE WHICH IS READILY AVAILABLE FOR VIEWING BY ITS EMPLOYEES WHO ARE SUBJECT TO ELECTRONIC MONITORING. (B) FOR PURPOSES OF WRITTEN NOTICE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION, AN EMPLOYEE SHALL BE ADVISED THAT ANY AND ALL TELEPHONE CONVERSATIONS OR TRANSMISSIONS, ELECTRONIC MAIL OR TRANSMISSIONS, OR INTERNET ACCESS OR USAGE 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 MAY BE SUBJECT TO MONITORING AT ANY AND ALL TIMES AND BY ANY LAWFUL MEANS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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