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Assembly Bill A995

2015-2016 Legislative Session

Requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur

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Archive: Last Bill Status - On Floor Calendar

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2015-A995 (ACTIVE) - Details

See Senate Version of this Bill:
S7875
Law Section:
Civil Rights Law
Laws Affected:
Add ยง52-a, Civ Rts, L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3871
2011-2012: A1485, S5364
2013-2014: A1180, S4676
2017-2018: A5112
2019-2020: A1920
2021-2022: A430

2015-A995 (ACTIVE) - Summary

Requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur.

2015-A995 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   995

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. ROSENTHAL, JAFFEE, ZEBROWSKI, GOTTFRIED, CAHILL,
  PERRY, WEPRIN -- Multi-Sponsored by -- M. of A. GALEF, HEASTIE,  SCHI-
  MEL -- 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:

  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04098-01-5

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