US rules on logging staff
Employee monitoring laws by state: notice before you mine
Updated
A process log built from staff activity is monitoring data in some states, and federal interception law covers the content of communications. These are the rules we read, from the statute's own text.
States that require notice
Three of the states we read make an employer tell staff before it watches what they do at work. Each rule is given here as its statute puts it.
| State | Who the rule covers | The notice it asks for | Source |
|---|---|---|---|
| Connecticut | Employers who engage in any type of electronic monitoring, which the statute defines to include collecting information about employees' activities by computer | Prior written notice to all employees who may be affected | Process data employee monitoring law |
| Delaware | An employer monitoring an employee's email or internet use | Notice, for example an electronic notice each day the employee logs on | Process data employee monitoring law |
| New York | An employer that monitors employees' email, phone or internet use by any electronic system | Prior written notice on hiring, acknowledged by the employee and posted where those employees can see it | Process data employee monitoring law |
Federal interception and stored communications
Intercepting a wire, oral or electronic communication is unlawful under 18 U.S.C. 2511, except where a party to it has given prior consent, and disclosing what was intercepted is a separate offence. Accessing a facility that provides an electronic communication service without authorisation is covered by 18 U.S.C. 2701.
California's employee data
The California Privacy Protection Agency lists employee data among the topics it is exploring for new regulations, and its preliminary comment period closed on May 20, 2026.
Also on this site
The UK rules are on employee monitoring laws UK.