senate Bill S4586A

2019-2020 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2020 print number 4586a
Jan 21, 2020 amend and recommit to codes
Jan 08, 2020 referred to codes
Mar 15, 2019 referred to codes

Co-Sponsors

S4586 - Details

See Assembly Version of this Bill:
A1920
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3871
2011-2012: A1485
2013-2014: A1180
2015-2016: A995
2017-2018: A5112
2021-2022: S2628, A430

S4586 - Summary

Requires prior written notice upon hiring to all employees, informing them of the types of electronic monitoring which may occur; provides employers shall also post the notice of electronic monitoring.

S4586 - Sponsor Memo

S4586 - Bill Text download pdf


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

                                  4586

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 15, 2019
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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-b to read as follows:
  § 52-B. 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

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

Co-Sponsors

S4586A (ACTIVE) - Details

See Assembly Version of this Bill:
A1920
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3871
2011-2012: A1485
2013-2014: A1180
2015-2016: A995
2017-2018: A5112
2021-2022: S2628, A430

S4586A (ACTIVE) - Summary

Requires prior written notice upon hiring to all employees, informing them of the types of electronic monitoring which may occur; provides employers shall also post the notice of electronic monitoring.

S4586A (ACTIVE) - Sponsor Memo

S4586A (ACTIVE) - Bill Text download pdf


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

                                 4586--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 15, 2019
                               ___________

Introduced  by Sens. SANDERS, GOUNARDES -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Codes  --
  recommitted  to  the Committee on Codes in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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-c to read as follows:
  §  52-C.  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

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

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