Top 7 Frequently Asked Questions on Employee Monitoring Laws
Employee monitoring in the US is legal under certain terms. State and Federal laws provide a framework within which employers can monitor their employees. Employers are allowed to monitor just about every work-related aspect including emails, attendance records, internet activities, keystrokes, screen contents, and many more.
That said, employee monitoring is a slippery topic that needs a careful approach, especially when using advanced processes such asremote installation key logger tools. Remember, there is a fine line between employee monitoring and invasion of privacy.
As a matter of fact, in 2019, a judge in Pennsylvania allowed an invasion of privacy lawsuit against an employer to proceed after the latter accessed personal files on a company-issued gadget.
Let's take a look at the seven most frequently asked questions about employee monitoring.
1. Is employee monitoring in the US legal?
Yes. Employee monitoring is legal in the US as long there is a valid business reason behind it. The Electronic Communications Privacy Act of 1986 permits employers to monitor their employees' verbal and written communications as long as the employer provides a valid business-related reason. The employer is granted even more monitoring ‘powers’ in scenarios where consent has been given.
State laws on employee monitoring may vary with some states requiring consent and others not. In addition, some state laws are more inclined toward the protection of employee privacy, while in some it's open season for employers.
2. Is it Legal to Monitor Social Media and Internet Activity?
While this may seem intrusive, the answer is yes. Your employer is allowed to monitor your social media and internet usage while at work for several reasons.
One is to ensure you are not using billed hours on non-work-related activities such as social media. Two, certain states allow employers to carry out background checks on potential employees, this may include digging up your social media history. Three, to monitor active hours and restrict access to prohibited websites.
In 2012, 37 states passed laws barring employers from obtaining employees' usernames and passwords to social media accounts. The laws also barred employers from disqualifying candidates who refuse to provide their credentials.
3. Is it Legal to Monitor Email Content?
Federal laws allow employers to monitor email correspondence shared on the company system, whether personal or work-related, as this is considered business property. However, some states such as Connecticut and Delaware require employers to inform employees before conducting the process. In other states, the employer is required to seek consent before carrying out the monitoring exercise.
California and Illinois require employers to create clear policies that explain why and how employees' emails can be monitored.
4. Is it Legal to Record Workplace Activity on Video?
The US federal laws allow employers to video-record their employees’ activity at work as long there is a valid business reason behind it. Of course, video recording is prohibited in places where it violates employee privacy such as locker rooms, washrooms, and any other areas that violate privacy.
States such as California and New York require employers to notify and obtain employee consent for video recording. Additionally, in States with ‘two-party consent' such as California, it is a criminal offense to record a private conversation without consent. As such, audio recording is prohibited during video recording.
5. Is it Legal to Monitor Personal Devices?
Under certain policies, Federal laws allow employers to monitor employees' devices. If your workplace has a Bring Your Own Device (BYOD) policy, chances are high that the law permits its monitoring. As long as your employer has a BYOD policy and a legitimate business-related reason, they can monitor your device.
6. Is my Employer Required to Give Prior Notice?
In some states such as Delaware and Connecticut, the employer is required by law to give prior notice about the use of monitoring tools. However, for most States, employers do not need to notify or obtain consent from employees. However, there are privacy laws that limit what employers can monitor.
7. Is My Privacy as an Employee Protected?
Employee monitoring laws seem to side more with the employer than the employee. Still, the Data Protection Laws of 1998 require employers to protect personal and sensitive information on their employees. Some states such as Delaware, Connecticut, and California have laws that work in favor of the employee.
The California Consumer Protection Act (CCPA), gives the employee the right to know what data about themselves has been collected by the employee. Delaware and Connecticut have laws that require employers to seek employee consent prior to using monitoring devices.
Our Take
There is a deliberate effort to even out the odds between employers and employees as far as employee monitoring is concerned. The Federal, and State Laws governing employee monitoring try to safeguard the employee’s privacy, and at the same time maintain the interests of the employer.
Overall, a transparent and clear monitoring policy is essential for creating a conducive working environment.
