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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A108
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the labor law, in relation to prohibiting employers from
certain monitoring activities of employees working at home
PURPOSE:
This legislation will protect employee privacy by prohibiting employers
from installing tracking programs on the personal devices of employees
working from home.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the labor law by adding a new section 202-n.
Section two establishes the effective date.
JUSTIFICATION:
During the COVID-19 pandemic, employees around the state began working
from home and it is expected that many will continue to do so going
forward. Once employees began working from home en masse, many companies
implemented systems and programs to monitor their employee's work and
productivity. An April 2020 news article in The Washington Post revealed
that many employers requested or required employees working from home to
download apps or programs to their personal computers and other devices
to track their activity throughout the day. These programs allow employ-
ers to track keyboard strokes, mouse movements, website browsing histo-
ries, view UPS location, take screen captures and even access the
webcams installed on devices to routinely take photos to ensure the
employee is actively working.
Employees working inside their own homes should not be under constant
surveillance by their employer. The increased popularity of these
programs also creates the opportunity for employers to continue tracking
employees once the pandemic subsides and employees return to their work-
place. With the increase in the number of employees working from home,
these programs set a dangerous precedent for the privacy of workers
going forward. As our concept of a modern workplaces changes over time
and as a result of technological advances, these tracking programs
further blur the line between personal and professional time.
This legislation will prohibit any employer in the state of New York
from requiring or requesting that an employee download or install any
type of tracking program to their personal device. It also strictly
limits the type of information that can be collected on a company-owned
device.
LEGISLATIVE HISTORY:
2021-22: A.6090 - Referred to Labor
2019-20: A.10657 - Referred to Labor
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
