Is employee monitoring legal?
In the United States, it’s legal to use employee monitoring solutions. However, federal privacy laws related to employee monitoring are vague. For example, the Electronic Communications Privacy Act(ECPA) prohibits electronic monitoring unless companies can prove it’s for a legitimate reason.
The regulations a company must follow may also depend on the state where the business is located. There aren’t many laws requiring employers to inform workers they’re being monitored. However, a few states may require employers to give notice. This includes Connecticut and Delaware.
If you conduct business in one of these states, you must inform workers before monitoring them. This should be communicated to your employees in writing. The notice must also contain details about your monitoring policies and methods.
A handful of states have adopted laws regarding employee monitoring, such as:
- California, New York, and West Virginia: Employers can use video surveillance as long as employees are aware. Systems can’t be installed in restrooms or locker rooms. Employers in California can also monitor employees’ work emails and devices with prior notice and consent.
- Colorado and Tennessee: Employers must have email monitoring policies to monitor their employees’ emails.
If you’re thinking about implementing employee monitoring, it’s important to prevent legal issues. Questions to ask yourself before using an employee monitoring system are:
- What specific state and local laws regarding employee tracking does my business need to follow?
- Are there specific rules or steps I need to follow to comply with federal law?
Even if you aren’t required to inform employees about your monitoring practices, it’s best to include them in your employee handbook. Have your human resources department ensure all information regarding employee activity monitoring is up to date.