Prohibits employers from requiring or requesting employees working at home to install monitoring software on the personal electronic device of such employee, limits monitoring on an electronic device provided by the employer to the website browsing history of such employee, and prohibits an employer from requiring an employee to leave a camera on while such employee is working from home; provided, however, an employer may require an employee to utilize a video communication program for work-related activities.
S T A T E O F N E W Y O R K
________________________________________________________________________
704
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to prohibiting employers from
certain monitoring activities of employees working at home
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new section 202-m to
read as follows:
§ 202-M. PROTECTION OF EMPLOYEES FROM CERTAIN ELECTRONIC MONITORING.
1. NO EMPLOYER SHALL DOWNLOAD, INSTALL, OR REQUIRE OR REQUEST AN EMPLOY-
EE TO DOWNLOAD OR INSTALL, ANY PROGRAM WHICH MONITORS THE ACTIVITIES OF
SUCH EMPLOYEE WHILE SUCH EMPLOYEE IS WORKING ON A PERSONAL ELECTRONIC
DEVICE. AS USED IN THIS SECTION "MONITOR" INCLUDES, BUT IS NOT LIMITED
TO, TRACKING OF MOUSE MOVEMENTS, KEYBOARD STROKES, WEBSITE BROWSING
HISTORY, LOCATION DATA, VIDEO RECORDING OF SCREENS OR ACCESS TO CAMERAS
FOR THE PURPOSE OF TRACKING PRODUCTIVITY AND/OR MONITORING EMPLOYEES
REMOTELY.
2. NO EMPLOYER SHALL UTILIZE ANY PROGRAM WHICH MONITORS THE ACTIVITIES
OF AN EMPLOYEE WHILE SUCH EMPLOYEE IS WORKING FROM HOME ON AN EMPLOYER
PROVIDED ELECTRONIC DEVICE, PROVIDED HOWEVER, THAT AN EMPLOYER MAY MONI-
TOR THE WEBSITE BROWSING HISTORY OF SUCH EMPLOYEE ON SUCH EMPLOYER
PROVIDED ELECTRONIC DEVICE.
3. NO EMPLOYER SHALL REQUIRE AN EMPLOYEE TO LEAVE A CAMERA CONNECTED
TO OR PART OF, AN ELECTRONIC DEVICE ON WHILE SUCH EMPLOYEE IS WORKING
FROM HOME.
4. THE COMMISSIONER MAY PROMULGATE REGULATIONS AS SUCH COMMISSIONER
DEEMS NECESSARY FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS
SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02002-01-5
A. 704 2
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