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There’s this “old” (relative term) song that has a earworm of a chorus – I always feel like somebody’s watchin’ me And I have no privacy like somebody’s watchin’ me Tell me, is it just a dream? Who’s playing tricks on me? 

Perhaps the General Assembly heard that song too while considering, and then passing Public Act 26-73, into law. The Act makes significant changes to Connecticut’s longstanding Electronic Monitoring Act (Conn. Gen. Stat. Sec. 31-48d), which has been on the books since 1998. If you’re an employer in Connecticut that monitors employees electronically in any way, you have some work to do before the new law takes effect on October 1, 2026.

I’ve written about Connecticut’s electronic monitoring law a number of times on this blog over the years, in fact it was the subject of one of my first blog posts back in 2007 (!). The basic framework hasn’t changed much since then: if you’re going to monitor your employees electronically, you have to tell them about it.

The new law doesn’t change that core requirement. But it does expand what employers have to disclose, where they have to post notices, and what they have to tell new hires.

Let me walk you through what’s new and what you should be doing now.

What Counts as “Electronic Monitoring”?

The new law doesn’t change the definition of electronic monitoring, which remains broad. It covers the collection of information on an employer’s premises concerning employees’ activities or communications by any means other than direct observation. That includes the use of computers, telephones, wire, radio, cameras, electromagnetic, photoelectronic, or photo-optical systems.

Two things are excluded from the definition: security monitoring of common areas open to the public and any information collection that is already prohibited under state or federal law.

Here is the practical takeaway. Think about what your company actually does. If you have security cameras in the office, monitor computer activity, track keystrokes, record phone calls, or use software to monitor employee productivity, you are almost certainly engaged in electronic monitoring under this law. And with the rise of AI-based tools that can track everything from keystrokes to break time to email content, the reach of this definition is broader today than when it was first written in 1998.

What’s Changed?

There are three main changes employers need to understand.

Notices must now include specific monitoring locations. Under the old law, employers had to tell employees the types of electronic monitoring that may occur. The new law adds a second requirement: employers must also disclose the specific locations on the employer’s premises where monitoring may occur.

That means your notice can no longer just say “we may monitor computer usage and telephone calls.” It now has to identify where that monitoring is happening. If you have cameras in the warehouse, monitoring software on workstations in a particular department, or recording equipment in the call center, those specific locations need to be called out.

Posting requirements are expanded. The old law required employers to post a notice in a conspicuous place readily available for employees to view. The new law keeps that requirement but goes further. Now, the notice must also be posted in the specific location where the monitoring occurs. So if you monitor employees in three different areas of your facility, the notice needs to be posted in each of those areas as well.

New hires must receive a plain language written statement. For any employee hired on or after October 1, 2026, employers must provide a written statement in plain language, before the employee starts work, advising which activities are prohibited and may be monitored without prior notice. This refers to the law’s existing exception that allows employers to monitor without notice when they have reasonable grounds to believe an employee is engaged in conduct that violates the law, violates the legal rights of the employer or other employees, or creates a hostile workplace environment.

This is a new obligation. Employers have never had to provide this kind of standalone written statement to new hires before.

What Hasn’t Changed?

A few things remain the same.

The exception for monitoring without prior notice still exists. Employers can still monitor without giving advance notice if they have reasonable grounds to believe that employees are engaged in conduct that violates the law, violates the legal rights of the employer or other employees, or creates a hostile work environment, and the monitoring may produce evidence of that misconduct. That exception has been part of the statute since 1998, and it survives intact.

Enforcement hasn’t changed either. The Labor Commissioner can levy civil penalties for violations of the notice requirements: $500 for the first offense, $1,000 for the second, and $3,000 for the third and each subsequent offense. There is no private right of action under this statute, as the Connecticut Supreme Court confirmed in Gerardi v. City of Bridgeport.

The criminal investigation exception also remains. The statute does not apply to criminal investigations, and information obtained through electronic monitoring during a criminal investigation can be used in disciplinary proceedings.

Two New Exceptions to Location Disclosure

The law adds two exceptions to the requirement that employers disclose the specific locations where monitoring occurs. First, the location disclosure requirement does not apply to airports. Second, it does not apply when an employer has reasonable grounds to conduct monitoring for security and employee safety purposes.

These are narrow exceptions. Most employers will not qualify for them. But if you operate at an airport facility or are conducting monitoring specifically for security and safety reasons, you should take note.

While you’re at it, be aware that the General Assembly also passed Public Act 26-89, which creates an exception to the electronic surveillance restrictions for self-service kiosks operated by third-party vendors in employee lounges. If your workplace has these kinds of kiosks (think vending-style checkout terminals), the monitoring systems associated with them are now permitted so long as they don’t record sound and only capture the checkout and display areas. Employers cannot request to view that video or use it for disciplinary purposes, except in cases of alleged theft reported by the vendor.

What Should Employers Do Now?

October 1 is approaching fast. Here are the steps you should be taking.

Audit your monitoring practices. Take stock of every form of electronic monitoring your company uses. Cameras, computer monitoring software, telephone recording, badge access systems, GPS tracking, AI-based productivity tools: all of it. You need a complete picture before you can update your notices.

Update your posted notices. Your existing electronic monitoring notice likely only describes the types of monitoring. Revise it to include the specific locations on your premises where monitoring occurs. The Connecticut Department of Labor has historically provided a template notice; you should watch for an updated version.

Post notices at monitored locations. In addition to your existing conspicuous posting location, make sure a notice is also posted in or near each specific location where monitoring takes place.

Create the new hire statement. Draft a plain language written statement for employees hired on or after October 1, 2026, explaining which activities are prohibited and may be subject to monitoring without prior notice. Think about things like unauthorized access to confidential information, misuse of company systems, harassment conducted via electronic means, and similar misconduct. This statement must be provided before the employee starts work, so build it into your onboarding process now.

Think about AI tools. If you’ve deployed any AI-based monitoring or productivity tools, make sure those are reflected in your notices. The law’s broad definition of electronic monitoring almost certainly captures automated tools that track keystrokes, analyze communications, monitor screen activity, or otherwise collect data about employee behavior on the employer’s premises.

Train HR and management. Make sure the people responsible for onboarding, workplace compliance, and employee relations understand the new requirements. They need to know when notice is required, when the misconduct exception applies, and how the new hire statement should be distributed.

Talk to your employment counsel. If you have questions about how these changes apply to your specific monitoring practices, this is the time to have that conversation.

We’ll be watching (metaphorically, that is….)