Connecticut has enacted Public Act 26-73 (SB 472), amending the state’s employee electronic monitoring law and imposing new notice obligations on employers that monitor employee activities or communications in the workplace. The law takes effect October 1, 2026.
New Hire Notice Requirement Added
The most significant change requires employers that engage in electronic monitoring to provide new employees with a written notice regarding certain monitoring practices.
Beginning October 1, 2026, employers must provide each employee hired on or after that date with a plain-language written statement describing activities that are prohibited and may be monitored without prior notice under the law’s misconduct investigation exception. The notice must be provided before the employee begins employment.
Existing Monitoring Notice Requirements Remain
Connecticut law already requires employers that engage in electronic monitoring to provide advance notice to affected employees.
Employers generally must:
- Inform employees about the types of electronic monitoring that may occur;
- Inform employees about the specific locations where monitoring may occur; and
- Post a notice in a conspicuous location that is readily available for employee review.
The amended law retains these requirements and expands them through the new hire notice obligation.
Monitoring Without Notice Still Permitted in Certain Circumstances
The law continues to allow employers to conduct electronic monitoring without prior notice when:
- The employer has reasonable grounds to believe employees are violating the law;
- Employees are violating the legal rights of the employer or other employees; or
- Employees are creating a hostile workplace environment;
- and electronic monitoring may produce evidence of the misconduct.
The new plain-language notice requirement is intended to inform employees about these circumstances.
Additional Clarification for Security and Safety Monitoring
The amendments also clarify that employers are not required to disclose the specific locations where monitoring occurs when:
The workplace is an airport; or
The employer has reasonable grounds to conduct monitoring for security or employee safety purposes.
Broad Definition of Electronic Monitoring
The statute continues to define electronic monitoring broadly to include the collection of information regarding employee activities or communications through means other than direct observation, including:
- Computers;
- Telephones;
- Cameras;
- Radio systems; and
- Various electronic, photoelectronic, and optical systems.
Penalties for Violations
Employers that fail to comply may be subject to civil penalties imposed by the Connecticut Labor Commissioner.
Maximum penalties are:
- $500 for a first violation;
- $1,000 for a second violation; and
- $3,000 for a third or subsequent violation.
Employers Impacted
The law applies broadly to Connecticut employers that utilize workplace monitoring technologies, including employers that:
- Monitor employee computer usage;
- Utilize video surveillance systems;
- Monitor telecommunications systems;
- Use workplace tracking technologies; or
Conduct electronic investigations of employee misconduct.
Employer Takeaway
Before the law takes effect on October 1, 2026, Connecticut employers should review electronic monitoring policies, workplace postings, onboarding materials, and new hire documentation. Employers that engage in electronic monitoring should ensure they provide the required notices and consider developing a plain-language disclosure explaining the types of misconduct-related monitoring that may occur without advance notice.