Employee monitoring laws by state

• Recording consentstatutory requirementNo interception of calls or messages unless an exception applies: a party's prior consent (never for a criminal or tortious purpose), or equipment used in the ordinary course of business. Both are conditions to show, not a default. ECPA 2511(1)(a)ECPA 2511(2)(d)ECPA 2510(5)(a)
• Personal devicesstatutory requirementAn employer can authorise access to messages on a service it provides; that does not reach an employee's personal webmail or accounts, which need the user's authorisation. (if personal devices are monitored) SCA 2701(a)SCA 2701(c)(1)SCA 2701(c)(2)

• Noticestatutory requirementWritten notice on hiring to every employee whose telephone, email or internet use is monitored, acknowledged by the employee in writing or electronically, and the notice posted in a conspicuous place. NY Civil Rights Law 52-c(2)(a)NY Civil Rights Law 52-c(2)(a)NY Civil Rights Law 52-c(2)(b)
• Places kept privatestatutory requirement not allowed hereRestrooms, locker rooms and changing rooms. (where it covers toilets or washrooms, change or locker rooms and showers or bathing areas) New York Labor Law 203-c, named, not quoted

• Noticestatutory requirementPrior written notice to every employee who may be affected, naming the types of monitoring and the specific locations on the premises where it may occur, posted conspicuously including at those locations; and a plain-language statement to each new hire before they start. (the replacement text takes effect 1 October 2026 (Public Act 26-73); before that date it is not in force) Conn. Gen. Stat. 31-48d(b)(1)Conn. Gen. Stat. 31-48d(b)(1)Conn. Gen. Stat. 31-48d(b)(1)Conn. Gen. Stat. 31-48d(b)(3)
• Places kept privatestatutory requirement not allowed hereRest rooms, locker rooms and lounges. (where it covers toilets or washrooms, change or locker rooms, showers or bathing areas and break rooms or staff lounges) Connecticut General Statutes 31-48b, named, not quoted
• Covert monitoringstatutory requirementMonitoring without prior written notice only on reasonable grounds to believe employees are breaking the law or others' rights, or creating a hostile workplace, where monitoring may produce evidence. (the replacement text takes effect 1 October 2026 (Public Act 26-73); before that date it is not in force) Conn. Gen. Stat. 31-48d(b)(2)

• Noticestatutory requirementBefore monitoring telephone, email or internet use: an electronic notice each day the employee uses the employer's email or internet, or a one-time notice the employee acknowledges. Del. Code tit. 19 705(b)Del. Code tit. 19 705(b)(1)Del. Code tit. 19 705(b)(2)
• Recording consentstatutory requirementDelaware's interception law. Delaware Code title 11, chapter 24, named, not quoted

• Noticestatutory requirementAt or before collection, tell staff the categories collected, the purposes, and how long each is kept. (when you say the business meets the CCPA thresholds) CCPA 1798.130(a)(5)(C)CCPA 1798.100
• Recording consentstatutory requirementThe consent of every party before recording a confidential communication, and before recording any call involving a cellular or cordless phone. Cal. Penal Code 632(a)Cal. Penal Code 632.7(a) California Penal Code 631, named, not quoted
• Biometric datastatutory requirementBiometric data is sensitive personal information; staff can limit its use. (when you say the business meets the CCPA thresholds) CCPA 1798.121
• Assessmentstatutory requirementCollection proportionate to its purpose; a risk assessment where processing presents significant risk. (when you say the business meets the CCPA thresholds) CCPA 1798.100(c)CCPA 1798.185(a)(15)
• Retentionstatutory requirementRetention periods disclosed and no longer than reasonably necessary. (when you say the business meets the CCPA thresholds) CCPA 1798.100

• Noticeverification requiredWhere the business telephone monitoring exemption is relied on: tell current and prospective employees, including by prominent signs. Illinois Eavesdropping Act 14-3(j)
• Recording consentverification requiredNo surreptitious recording of a private conversation without the consent of every party; a business doing telephone sales, service or research may monitor its employees' calls for quality, training or research only with one active party's consent, with unmonitored personal lines, and with no onward use. Illinois Eavesdropping Act 14-2(a)(1)Illinois Eavesdropping Act 14-2(a)(2)Illinois Eavesdropping Act 14-2(a)(3)Illinois Eavesdropping Act 14-3(j)Illinois Eavesdropping Act 14-3(j)
• Biometric datastatutory requirementBefore the first collection: written notice that a biometric identifier is collected, the specific purpose and term in writing, and a written release; a public retention schedule with destruction when the purpose is met or within three years of the last interaction; no disclosure without consent. BIPA s 15(a)BIPA s 15(b)(1)BIPA s 15(b)(2)BIPA s 15(b)(3)BIPA s 15(d)
• Retentionstatutory requirementDestroyed when the purpose is met or within three years of the last interaction, whichever comes first. BIPA s 15(a)

• Biometric datastatutory requirementInform and obtain consent before capture; destroy within a reasonable time and at the latest one year after the purpose ends, which for an employer's security identifiers is the end of employment. Texas CUBI 503.001(b)(1)Texas CUBI 503.001(b)(2)Texas CUBI 503.001(c)(3)Texas CUBI 503.001(c-2)

Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and District of Columbia. A line at a site in one of these reads the federal layer and the ILO baseline only; no state law is placed, which is not the same as none applying.

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