by Jason Habinsky, Haynes & Boone
Managing employee privacy in New York demands careful attention to one of the most complex and heavily regulated legal landscapes in the US. This guide highlights the key aspects of New York law that impact privacy in the workplace, equipping HR professionals, employers and people managers with the knowledge needed to monitor, manage and protect employee information lawfully and transparently.
Designed for HR, compliance and risk‑aware organisations, this guide addresses when and why employers may monitor employees, including rules on electronic monitoring, video surveillance and workplace searches. It also covers background checks and “ban the box” requirements, medical and genetic testing, cannabis considerations, and extensive obligations around employee records, data security and privacy disclosures.
With additional focus on lawful non‑work activities, employee social media privacy and New York‑specific requirements—including New York City biometric data rules—this guide helps organisations reduce compliance risk while maintaining trust and best‑practice workforce management.
In this guide, learn about:
- Why monitor
- Electronic monitoring of employees
- Video surveillance of employees
- Workplace searches
- Background checks of employees
- Ban the box
- Medical examinationsDrug testing
- Genetic testing
- Cannabis
- Employee records
- Disclosure of employee personnel records
- New York Fair Credit Reporting Act
- Personal Privacy Protection Law
- Social Security number protections
- Amendments to Social Security Number Protection Law
- Information Security Breach and Notification Act
- Disposal of personal records law
- Disclosure of employee medical records
- Legal non-work activities
- Employee social media privacy
- Employee coverage
- Definitions
- Exceptions
- Local requirements
- New York City biometric identifier information
- Future developments
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About the author
Jason Habinsky
Jason Habinsky counsels both small and large domestic and international clients on a wide range of employment-related issues, including discrimination, harassment, accommodation, wage and hour and employee benefits. His counseling also focuses on advising clients on improving the workplace in all respects, including drafting and revising employment policies and procedures, offering best practices on interviewing and hiring; and advising on employee discipline, reductions in force and terminations.
Mr. Habinsky has experience advising clients on the latest hot-button issues affecting the workplace, such as those relating to privacy, technology and social media. He also has extensive experience litigating employment disputes of all types, including representing employers against claims alleging all types of discrimination, harassment, retaliation, wrongful discharge, wage and hour violations and breach of contract, before federal, state and local courts and agencies, and through alternative dispute resolution.
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