LIEB BLOG

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Showing posts with label notice. Show all posts
Showing posts with label notice. Show all posts

Tuesday, November 09, 2021

Employers Required to Provide Employees Notice of Electronical Monitoring Beginning May 7, 2022


Starting May 7, 2022, if you wish to electronically monitor your employees, you will need to provide statutory notice first.


On November 8, 2021, Governor Hochul signed Bill A430 into law, which amends Section 52-c to the Civil Rights Law, and starting on May 7, 2022, employers with a place of business in New York who monitor or otherwise tap telephone calls, e-mails, or internet access of an employee by any electronic device or system, must give prior written notice upon hiring to all employees. Additionally, each employer must also post the notice of electronic monitoring in a visible place which is readily available for viewing by its employees.

 

Any employer found to be in violation of this Bill will be subject to a maximum penalty of $500 for the first offense, $1,000 for the second offense, and $3,000 for the third and each subsequent offense.

Thursday, June 17, 2021

New NYS Bill Requires Employers to Provide Notice to Employees of Electronic Monitoring

New legislation, which passed the NYS Senate and Assembly on June 9, 2021 and is awaiting signature by Governor Cuomo, will require employers who monitor employees' e-mail or internet usage on any electronic device (e.g. phone or computer) to provide notice of such monitoring to all employees.


The notice must be in writing (acknowledged by the employee), provided to all employees upon hiring and posted in the workplace. 


The bill further provides that the notice must contain the following:


"An employee shall be advised that any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system, including but not limited to the use of a computer, telephone, wire, radio or electromagnetic, photoelectronic or photo-optical systems may be subject to monitoring at any and all times and by any lawful means." 


Employers who fail to provide the required notice are subject to fines of between $500- $3,000 per offense. 


The bill is effective 180 days after Governor Cuomo signs the bill into law.



Tuesday, July 02, 2019

Insurance Notice & Disclaimer of Coverage

On Eye on Real Estate this past Saturday, we discussed insurance and the need to provide timely notice in accordance with the terms of an insurance policy if you have an insurance claim.

Let me make this point completely clear - Do Not Trust Your Insurance Agent and make sure you give notice pursuant to the express terms of the policy if you have a claim. This is particularly true if you are being sued.

To understand the importance of this, you should read Insurance Law 3420 and the case of Villavicencio v. Erie Insurance Company.

Yes, it is true that the law's purpose and express language makes it very difficult for an insurer to disclaim coverage for insufficient notice. However, subsection (c)(2)(B) creates a lot of risk in an insured who is relying on the language of the statute to avoid disclaimer if such insured receives a summons and complaint in a lawsuit. (c)(2)(B) explains that if an insured defaults in a court case prior to notifying their insurer, that insurer can properly disclaim coverage. Additionally, subsection (c)(2)(B) creates further risk because it provides that if failure to notice impairs the ability to investigate or defend, the policy can likewise be disclaimed.

So, please don't just trust a law designed to protect consumers, instead - NOTICE YOUR INSURER WHEN YOU ARE SUED.