Under What Circumstances Can an Employer Electronically Monitor an Employee?

Dr. Frank Kardasz, July 19, 2024

Editor: Ava Gozo. 

Employee monitoring laws in the United States are complex, balancing employers' interests in productivity and security with employees' privacy rights. This analysis examines key aspects of U.S. employee monitoring laws, verifies the accuracy of information from a popular online source, and provides alternative references to support or clarify the claims made.

Key Points

1. Legality of employee monitoring:
Monitoring is legal in the U.S. when backed by valid business reasons. The Electronic Communications Privacy Act (ECPA) allows employers to monitor employees' electronic communications on company-owned devices and networks (Determann & Sprague, 2011).

2. Consent and notification requirements:
Federal law does not require employers to inform employees about monitoring. However, some states do require notification. For example, Connecticut and Delaware require employers to provide written notice of electronic monitoring (Ciocchetti, 2011).

3. Monitoring company devices:
The Stored Communications Act (SCA) generally allows employers to access communications stored on their systems (Determann & Sprague, 2011).

4. Personal device monitoring:
Monitoring personal devices can be legal with proper policies. However, it's important to note that this area of law is still evolving, and employers should exercise caution (Sprague, 2018).

5. Video surveillance:
Video monitoring is legal for legitimate business purposes. However, some states have specific restrictions on video surveillance in certain areas, such as restrooms or changing rooms (Ciocchetti, 2011).

6. GPS tracking:
Employers can typically track company-owned vehicles, but tracking personal vehicles or off-duty employees may raise legal issues (Sprague, 2018).

In conclusion, it's essential for employers and employees to recognize that this area of law is complex and can vary significantly by state. Consulting with legal professionals and staying informed about evolving legislation is advisable for anyone dealing with workplace monitoring questions.

References

Ciocchetti, C. A. (2011). The eavesdropping employer: A twenty‐first century framework for employee monitoring. American Business Law Journal, 48(2), 285-369.

Determann, L., & Sprague, R. (2011). Intrusive monitoring: Employee privacy expectations are reasonable in Europe, destroyed in the United States. Berkeley Technology Law Journal, 26(2), 979-1036.

Sprague, R. (2018). Survey of (mostly outdated and often ineffective) laws affecting work-related monitoring. Chicago-Kent Law Review, 93(1), 221-294.