Senate Bill S2628 went into effect on May 7, 2022. The bill, which was signed into law by Governor Hochul on November 8, 2021, requires all private sector employers—regardless of size, number of employees, or entity type—to provide notice to employees of their electronic monitoring practices.

The bill amended the Civil Rights law by adding a new section, 52-c. Employers must now provide notice of their electronic monitoring practices to all employees upon hiring. Notice provided to employees upon hiring must be in writing, and the employee must acknowledge the notice in writing or electronically. Employers are not required to receive an acknowledgment from existing employees.