New York Court Content Revised to Include New Case on Employee Surveillance

Author: Beth P. Zoller, XpertHR Legal Editor

The New York Employee Privacy and Employee Handbooks- Work Rules- Employee Conduct sections have been revised to include Cunningham v. New York State Department of Labor, 2013 NY Slip Op 4838 (June 27, 2013), in which the New York Court of Appeals determined that the state's use of a global positioning system (GPS) device to track and monitor employees during non-working hours without a warrant (including nights, weekends and vacation days) constituted an unreasonable invasion of privacy.