Bill Text: NY A03871 | 2009-2010 | General Assembly | Amended

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Bill Title: Requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur; when an employer has reasonable grounds to believe that employees are engaged in conduct which (1) violates the law, (2) violates the legal rights of the employer or the employer's employees, or (3) creates a hostile workplace environment, and electronic monitoring may produce evidence of this misconduct, the employer may conduct monitoring without giving prior written notice.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Engrossed - Dead) 2010-07-01 - 3RD READING CAL.417 [A03871 Detail]

Download: New_York-2009-A03871-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3871--B
                                                               Cal. No. 293
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced  by  M.  of  A. ROSENTHAL, MAISEL, JAFFEE, ZEBROWSKI, REILLY,
         GOTTFRIED, CAHILL, JOHN, KELLNER -- Multi-Sponsored by  --  M.  of  A.
         GALEF,  HEASTIE,  KOON,  PHEFFER, SCHIMEL -- read once and referred to
         the Committee on Labor -- reported and referred to  the  Committee  on
         Codes  --  committee  discharged,  bill  amended, ordered reprinted as
         amended and recommitted to said committee -- reported from  committee,
         advanced  to a third reading, amended and ordered reprinted, retaining
         its place on the order of third reading
       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:
    1    Section  1.  The  civil  rights law is amended by adding a new section
    2  52-a to read as follows:
    3    S 52-A. EMPLOYERS  ENGAGED  IN  ELECTRONIC  MONITORING;  PRIOR  NOTICE
    4  REQUIRED.  1.  FOR PURPOSES OF THIS SECTION, EMPLOYER MEANS ANY INDIVID-
    5  UAL, CORPORATION, PARTNERSHIP, FIRM, OR  ASSOCIATION  WITH  A  PLACE  OF
    6  BUSINESS  IN  THE STATE. IT SHALL NOT INCLUDE THE STATE OR ANY POLITICAL
    7  SUBDIVISION OF THE STATE.
    8    2. (A) ANY EMPLOYER WHO MONITORS  OR  OTHERWISE  INTERCEPTS  TELEPHONE
    9  CONVERSATIONS  OR  TRANSMISSIONS,  ELECTRONIC  MAIL OR TRANSMISSIONS, OR
   10  INTERNET ACCESS OR USAGE OF OR BY AN EMPLOYEE BY ANY  ELECTRONIC  DEVICE
   11  OR  SYSTEM,  INCLUDING  BUT  NOT LIMITED TO THE USE OF A COMPUTER, TELE-
   12  PHONE, WIRE, RADIO, OR ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL
   13  SYSTEMS, SHALL GIVE PRIOR WRITTEN NOTICE UPON HIRING  TO  ALL  EMPLOYEES
   14  WHO  ARE  SUBJECT  TO ELECTRONIC MONITORING. THE NOTICE REQUIRED BY THIS
   15  SUBDIVISION SHALL BE IN WRITING, IN AN ELECTRONIC RECORD, OR IN  ANOTHER
   16  ELECTRONIC  FORM  AND  ACKNOWLEDGED BY THE EMPLOYEE EITHER IN WRITING OR
   17  ELECTRONICALLY. EACH EMPLOYER SHALL ALSO POST THE NOTICE  OF  ELECTRONIC
   18  MONITORING IN A CONSPICUOUS PLACE WHICH IS READILY AVAILABLE FOR VIEWING
   19  BY ITS EMPLOYEES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06630-07-0
       A. 3871--B                          2
    1    (B)  FOR  PURPOSES OF WRITTEN NOTICE REQUIRED BY PARAGRAPH (A) OF THIS
    2  SUBDIVISION, AN EMPLOYEE SHALL BE ADVISED THAT  ANY  AND  ALL  TELEPHONE
    3  CONVERSATIONS  OR  TRANSMISSIONS,  ELECTRONIC  MAIL OR TRANSMISSIONS, OR
    4  INTERNET ACCESS OR USAGE OF BY AN EMPLOYEE BY ANY ELECTRONIC  DEVICE  OR
    5  SYSTEM,  INCLUDING  BUT NOT LIMITED TO THE USE OF A COMPUTER, TELEPHONE,
    6  WIRE, RADIO OR ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL SYSTEMS
    7  MAY BE SUBJECT TO MONITORING AT ANY AND ALL  TIMES  AND  BY  ANY  LAWFUL
    8  MEANS.
    9    3.  THE  ATTORNEY  GENERAL MAY ENFORCE THE PROVISIONS OF THIS SECTION.
   10  ANY EMPLOYER FOUND TO BE IN VIOLATION OF THIS SECTION SHALL  BE  SUBJECT
   11  TO  A  MAXIMUM  CIVIL  PENALTY  OF  FIVE  HUNDRED  DOLLARS FOR THE FIRST
   12  OFFENSE, ONE THOUSAND DOLLARS FOR THE SECOND OFFENSE AND THREE  THOUSAND
   13  DOLLARS FOR THE THIRD AND EACH SUBSEQUENT OFFENSE.
   14    4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO PROCESSES THAT
   15  ARE DESIGNED TO MANAGE THE TYPE OR VOLUME OF INCOMING OR OUTGOING  ELEC-
   16  TRONIC  MAIL  OR  TELEPHONE  VOICE  MAIL OR INTERNET USAGE, THAT ARE NOT
   17  TARGETED TO MONITOR OR INTERCEPT THE ELECTRONIC MAIL OR TELEPHONE  VOICE
   18  MAIL  OR  INTERNET  USAGE  OF  A  PARTICULAR  INDIVIDUAL,  AND  THAT ARE
   19  PERFORMED SOLELY FOR THE PURPOSE OF COMPUTER SYSTEM  MAINTENANCE  AND/OR
   20  PROTECTION.
   21    S 2. This act shall take effect on the one hundred eightieth day after
   22  it shall have become a law.