There are many reasons why employers feel they need to monitor their employees’ activities, and technological advances in recent years have made doing so easier than ever before. From monitoring email and internet usage to video surveillance and employee tracking software, employers are increasingly making use of surveillance tools. While company management justifies these actions by saying they need to protect company assets, maintain workplace safety, and ensure productivity, employees are uncomfortable with being watched, and surveillance raises many legal concerns, too. The good news is that there are ways that you can balance operational needs with employees’ need for privacy.
There are both federal and state laws governing workplace surveillance, and they differ depending on where you are. Generally speaking, employees are limited in how much privacy they can expect on the job, especially in public or shared spaces … but that doesn’t mean that employers are free to pursue excessive or unreasonable intrusions. The Electronic Communications Privacy Act (ECPA) specifically lets employers monitor communications if there is a legitimate business interest, such as protecting against misconduct but still imposes restrictions, including disallowing video surveillance in areas where employees expect privacy, such as locker rooms or restrooms. The same is true of monitoring employee phone calls, emails, or browsing history: it may be allowed where employees have been informed that it will happen.
Clear policies that define what is being monitored and why can go a long way to both put employees on notice and mitigate concerns: employees need to understand how much of their daily activities will be monitored, the type of data being collected, and why. Where appropriate, employers should solicit employees’ consent to being monitored. Doing so both protects employees’ privacy rights and ensures that you will be able to defend your use of surveillance should litigation arise. Avoiding overly intrusive monitoring and safeguarding private information that is collected will also minimize pushback.
Your goal in the workplace is to ensure that your business interests are protected, but you also want to cultivate positive morale in your workforce. One way to ensure you’re navigating this challenging issue in keeping with all applicable laws is to have your practices reviewed by an experienced attorney. Contact us today to learn how we can help.
