Connecticut’s New Workplace Monitoring Law Puts Employers On Notice

Connecticut has enacted sweeping new rules on electronic monitoring at work, with key provisions taking effect from October 1, 2026.

Substitute Senate Bill 472, designated Public Act No. 26-73, was signed into law by Governor Ned Lamont on June 4, 2026, introducing formal obligations for employers across the state.

Under the new law, employers must give prior written notice to all employees who may be subject to electronic monitoring in the workplace.

That notice must clearly list the types of monitoring that may occur and the specific locations where surveillance could take place, such as a lobby, factory floor, retail sales floor, or inside commercial vehicles.

Employers are required to post this information in a conspicuous, readily visible place accessible to all affected workers.

For employees hired on or after October 1, 2026, businesses engaged in electronic monitoring must also provide a plain language written statement before employment begins.

That statement must advise workers which activities are prohibited and may be monitored without prior written notice, including conduct that violates the law, infringes on the legal rights of the employer or other employees, or creates a hostile workplace environment.

Employers who reasonably believe an employee is engaged in such misconduct may conduct monitoring without advance notice if electronic surveillance could produce evidence of that wrongdoing.

The disclosure requirement regarding specific monitored locations does not apply to airports or where an employer has reasonable grounds to monitor for security and employee safety purposes.

The law defines “electronic monitoring” broadly, covering any collection of employee activity or communications data on the premises by means other than direct observation, including computer, telephone, wire, radio, camera, electromagnetic, photoelectronic, or photo-optical systems.

Security camera footage captured in public common areas and any data that would otherwise be unlawful to collect are excluded from the definition.

The Connecticut Department of Labor is responsible for enforcing the statute and has historically provided a template notice that meets the statutory requirements for employers to use.

The Labour Commissioner holds authority to levy civil penalties for violations, set at $500 for the first offence, $1,000 for the second, and $3,000 for the third and each subsequent offence.

There is no private right of action available to employees under this statute, a position the Connecticut Supreme Court confirmed in Gerardi v. City of Bridgeport.

Connecticut has regulated workplace electronic monitoring since 1998, making it one of several states with formal notice, acknowledgment, or consent requirements for organisations monitoring their workforce.

Other states with comparable frameworks include California, Delaware, Maine, New Jersey, and New York, reflecting a broader national trend toward greater transparency around employee surveillance.