Quick Hits
- Effective October 1, 2026, employers in Connecticut must provide written notice to workers before conducting electronic monitoring in the workplace.
- Under Substitute Senate Bill 472, which Governor Ned Lamont signed into law in June 2026, employers must provide newly hired employees with a clear written statement describing which activities are prohibited by the employer and may be monitored without giving prior written notice.
- Violating the law may result in a fine of $500 for the first offense, $1,000 for the second offense, or $3,000 for subsequent offenses.
In recent years, a growing number of employers have been using technology to track employees’ movements and actions. This includes cameras in the workplace, GPS tracking on phones and wearable devices, smart glasses, keystroke monitoring, and biometric monitoring. Some employers use these tools to pinpoint areas for cost savings and boost productivity and efficiency. Generally, employers are legally permitted to monitor employees’ activity on company-owned devices and computer servers.
The provisions included in Substitute Senate Bill 472 (Public Act No. 26-73), signed into law by the governor on June 4, 2026, require employers to give prior written notice to all employees who may be affected by electronic monitoring, listing the types of monitoring that may occur and the specific locations where monitoring may occur, such as a lobby, factory floor, retail sales floor, or inside commercial vehicles. Employers must post that information in a conspicuous, readily visible place. They also must provide each employee hired on or after October 1, 2026, with a clear written statement describing which activities are prohibited by the employer and may be monitored without giving prior written notice.
If an employer reasonably believes that an employee engages in conduct that violates the law, violates the legal rights of the employer or other employees, or creates a hostile workplace environment, and electronic monitoring may produce evidence of this misconduct, then the employer may conduct monitoring without giving prior written notice. Any information legally obtained during a criminal investigation through electronic monitoring may be used in a disciplinary proceeding against an employee.
The state law does not apply to information collection for security purposes in common areas of an employer’s premises that are held out for use by the public, or information collection that is prohibited under state or federal law.
Like other states, Connecticut previously banned electronic monitoring in restrooms, locker rooms, employee break rooms, and conversations related to union organizing or collective bargaining.
Next Steps
Employers in Connecticut may wish to update their employee handbooks and written policies on electronic monitoring in the workplace to be compliant with state and federal privacy laws. They may wish to train supervisors on the permissible types of electronic monitoring and how to properly handle video and audio evidence in workplace investigations and disciplinary proceedings.
The penalty for violating Public Act No. 26-73 is a fine of $500 for the first offense, $1,000 for the second offense, or $3,000 for subsequent offenses.
Ogletree Deakins’ Stamford office, Artificial Intelligence and Innovation Practice Group, and Cybersecurity and Privacy Practice Group will continue to monitor developments and will post updates on the Artificial Intelligence and Innovation, Connecticut, and Cybersecurity and Privacy blogs as additional information becomes available.
John G. Stretton is a shareholder in Ogletree Deakins’ Stamford office.
This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.
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