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New York Adds New Employer Requirements for Employee Disclosures

New York has passed a law that amends employer requirements for employee disclosures in the state. The law prevents employers from requesting, requiring, or coercing their employees or job applicants to reveal information such as their usernames, passwords, or any other methods used to access their personal online accounts or services on specific electronic communication devices.

The law also states that employers cannot observe employees accessing their personal accounts or reproduce information from personal accounts using prohibited methods. Additionally, employees cannot be penalized, disciplined, or threatened for refusing to disclose personal account information. Employers cannot refuse to hire applicants for the same reason.

However, there are some exceptions. The law allows access requests for business-related accounts under certain conditions, including prior notice. It also permits compliance with court orders, access to company-provided devices with prior notice and agreement, and certain restrictions on employee web access.

It is important to note that law enforcement agencies, fire departments, and departments of corrections and community supervision are exempt from this law.

This legislation will take effect on March 13, 2024.