Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Nov 08, 2021 | signed chap.583 |
Oct 27, 2021 | delivered to governor |
Jun 09, 2021 | returned to assembly passed senate 3rd reading cal.965 substituted for s2628 |
Jun 09, 2021 | substituted by a430 |
May 12, 2021 | advanced to third reading |
May 11, 2021 | 2nd report cal. |
May 10, 2021 | 1st report cal.965 |
Jan 22, 2021 | referred to codes |
senate Bill S2628
Signed By GovernorSponsored By
James Sanders Jr.
(D) 10th Senate District
Archive: Last Bill Status Via A430 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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Co-Sponsors
Andrew Gounardes
(D) 26th Senate District
S2628 (ACTIVE) - Details
S2628 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2628 SPONSOR: SANDERS TITLE OF BILL: An act to amend the civil rights law, in relation to electronic monitor- ing PURPOSE: To require employers who engage in employee e-mail monitoring to provide notice to their employees about such monitoring. SUMMARY OF PROVISIONS: Section 1 amends the civil rights law by adding a new section 52-a, providing that any employer who monitors or otherwise intercepts elec- tronic mail or transmissions by an employee shall give prior written notice upon hiring the employee. The attorney general may enforce the provisions of this law and any employer found in violation shall be subject to a maximum penalty of $1,000 for each offense. The provisions
S2628 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2628 2021-2022 Regular Sessions I N S E N A T E January 22, 2021 ___________ 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-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 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.
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