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On June 4, 2026, Governor Lamont signed into law Public Act No. 26-73, An Act Concerning the Electronic Surveillance of Employees.  Since 1998, Connecticut statute has required employers to post a notice informing employees of the types of electronic monitoring the employer may engage in. Effective October 1, 2026, the Act makes sweeping changes to employers’ obligations with regard to the notice requirements.

The law defines “electronic monitoring” as “the collection of information on an employer’s premises concerning employees’ activities or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photoelectronic or photo-optical system.” Electronic monitoring conducted for “security purposes in common areas of the employer’s premises which are held out for use by the public” is excluded from the Act’s definition of electronic monitoring.

Beginning October 1, 2026, the obligation to post a notice is expanded to require (1) that the notice specify not just the types of monitoring that may occur, but the specific locations where such monitoring may occur, and (2) that the notice be posted not just in one conspicuous location, but also “in the specific location on the employer’s premises where such monitoring may occur.” Additionally, beginning on October 1, 2026, employers are required to provide new hires with a plain language written notice specifying which activities the employer prohibits and may monitor without giving prior written notice.

The Act contains several notable carve-outs, including allowing employers to conduct electronic monitoring without prior notice when they have reasonable grounds to believe that employees are engaged in unlawful conduct, conduct that violates the legal rights of the employer or its employees, or conduct that creates a hostile work environment, and the monitoring may produce evidence of the misconduct. Moreover, the employer does not need to disclose the location of electronic monitoring where the employer has reasonable grounds to conduct monitoring for security and employee safety purposes.

Although the Act does not expressly address artificial intelligence or automated employee-monitoring technologies, written testimony submitted by the ACLU during the bill’s public hearing highlighted the growing use of AI and other automated tools to monitor keystrokes, computer usage, location data, communications, and other daily work activities. Given the law’s broad sweep, automated tools to monitor employee productivity are likely captured by the Act’s definition of “electronic monitoring,” and should be considered by employers in connection with their notice obligations.

The Connecticut Department of Labor enforces the electronic monitoring statute, and has historically provided a template notice that meets the statutory requirements.  The Department is expected to update that template to comply with the new statutory requirements. The Department of Labor has authority to assess civil penalties for violations of the Act, including $500 for the first offense, $1,000 for the second offense, and $3,000 for any offense thereafter.

In advance of October 1, 2026, Connecticut employers should review their monitoring practices, develop compliant workplace notices, and ensure those notices are posted in the location where monitoring may occur.