The legality of Employers Monitoring Their Remote Employees
Working from home can raise privacy concerns for employees. Here’s everything you need to know about the legality of remote employee monitoring.
Employers can legally monitor their remote employees if they have a business-related reason, the employees provide consent for monitoring, and/or the employees use company-owned devices. Remote employees who experience emotional and/or physical distress from an employer’s unlawful monitoring can file an invasion-of-privacy claim.
What is employee monitoring?
Employers commonly implement employee monitoring to ensure productivity in the workplace. Employee monitoring aims to prevent employees from engaging in distractions during work hours. Types of monitoring can include computer activity tracking, surveillance cameras, and phone call recordings.
Employers can monitor the activity of work-at-home employees. Employers who buy monitoring software can track the time spent on each website an employee visits. Teramind and ActivTrack are among several companies offering monitoring software.
Related: Can an Employer Sue an Employee for Poor Performance?
Federal Laws on Employee Privacy
Employers must inform their employees about surveillance cameras in the workplace. The Electronic Communications Privacy Act of 1986 (ECPA) outlines the general limits of employee monitoring. The ECPA requires employers to obtain consent from either party before monitoring and recording a work-related phone call.
The ECPA allows employers to legally monitor their remote employees if:
- The reason for employee monitoring is business-related
- Employees consent (such as signing an employment agreement)
- Employees use company-owned devices
Concerned remote employees should check if their state’s privacy laws provide additional protection from employee monitoring.
Related: Can an Employer Sue an Employee For Quitting?
Reporting an Invasion of Privacy in the Workplace
Remote employees who believe their employer has invaded their privacy during work hours can file an invasion-of-privacy claim. Affected individuals must prove the employer’s invasion of privacy caused the employee emotional and/or physical harm.
Examples of invasion of privacy in the remote workplace include:
- Employer discloses private information about the employee without consent
- Employer uses the employee’s name for profit outside of the workplace
- Employer records the employee’s webcam without consent
- Employer records the employee’s microphone without consent
Contact Us
If you or a loved one would like to learn more about Remote Employee Monitoring, get your free consultation with one of our Employment Attorneys today!