assembly Bill A430

2021-2022 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

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2021 returned to assembly
passed senate
3rd reading cal.965
substituted for s2628
Jun 02, 2021 referred to rules
delivered to senate
passed assembly
May 24, 2021 ordered to third reading rules cal.69
rules report cal.69
reported
May 19, 2021 reported referred to rules
May 11, 2021 reported referred to codes
Jan 06, 2021 referred to labor

Co-Sponsors

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Multi-Sponsors

A430 (ACTIVE) - Details

See Senate Version of this Bill:
S2628
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
2019-2020: A1920, S4586

A430 (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.

A430 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    430
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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:
 
   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