After switching to remote work during the pandemic, many organizations are choosing to
proceed with this work environment going forward. In the meantime, this has also introduced
some debatable issues surrounding the legalities of monitoring remote employees, as some
employers desire to keep an eye on their workers’ productivity. This can take form in a variety of
ways, some more questionable than others.
What Does the Law Say?
The Electronic Communications Privacy Act (ECPA) of 1986 is the general law regarding how
employers can monitor their employees, but it is safe to say that much has changed since then
in the ways businesses go about their daily tasks, especially with remote work taking
precedence. This act enables employers to monitor employees’ activity in the workplace for
legitimate business purposes but prohibits them from doing so on the employee’s personal
devices.
What throws a wrench in this policy, especially in a modern-day remote environment, is the
introduction of personal devices being used for work purposes. If an employer provides their
workers with devices to use for work, it has the right to look into how it is being used. However,
there are privacy concerns when it comes to employees using their personal devices for work.
Generally, employers can play it safe by monitoring activity within a work-related online
environment, such as G-Suite or another software, that was provided and administered by the
workplace. However, more invasive monitoring tools such as penalizing a worker for their IP
address or utilizing keystroke loggers can put employers in a gray area of the law and produce
some liability concerns.
What Liability Concerns Should Employers Be Aware Of?
Despite an employer’s attempts to follow all legalities of monitoring their remote employees,
there may still be some liability concerns involved in their method. A main reasonable complaint
by employees is the invasion of privacy it imposes. Utilizing intrusive surveillance methods,
especially without the employee’s consent, could lead to some tricky legal battles. Logging your
employees’ private internet activity could also expose their personal information to you, making
it susceptible to data breaches and an expensive date in court.
There are various legal monitoring tools available for employers wanting to track their remote
workers’ productivity. However, it is highly recommended that companies review liability
concerns and communicate with their employees prior to implementing this software.