Employee Privacy: New York

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jason Habinsky, Haynes & Boone

Summary

• New York has a state wiretapping law which limits employer electronic monitoring of employees. There are also video surveillance laws, which provide employees with a private right of action against employers if employers violate these laws. See Electronic Monitoring of Employees.
• There are few limitations on workplace searches by private employers in New York, but employers should be aware of those limitations. See Workplace Searches.
• New York has a state policy on hiring individuals with past criminal convictions. Employers should not base any employment decisions on past convictions of a job applicant or employee without first consulting with an attorney. See Background Checks of Employees.
• There are a variety of unique state laws on employee testing, including how and when employers are permitted to conduct medical examinations and drug testing. See Drug Testing.
• New York has strict personal information protection laws which limit the ways in which employers may use employee personal information; and require employers to follow certain guidelines when storing personal employee records. See Employee Records.
• New York labor law prohibits employers from discriminating against employees for activities performed outside of work. See Legal Non-Work Activities.
• New York law prohibits employers from requesting or requiring that employees or applicants for employment disclose the means for accessing their electronic personal accounts. See Employee Social Media Privacy.
• Localities including Buffalo, New York City, Rochester and Syracuse have requirements pertaining to employee privacy. See Local Requirements.