Legal Considerations for Remote Employee Monitoring

Keeping your remote team productive may need some oversight. Discover how to legally monitor your remote employees here.

What you’ll discover:

Can I keep track on my remote workers?
Do I have to inform my staff that they are being watched?
When do I need the permission of my workers to monitor them?
What am I legally permitted to observe in the remote workplace?
Is it legal to fire a worker who refuses to be monitored?

Because of the epidemic, remote employment and work-from-home solutions grew increasingly common. As a consequence, more businesses are investigating different methods of monitoring their remote employees. After all, companies are understandably worried about employee productivity, which is exacerbated by the distractions that come with working from home. Yet, monitoring remote workers raises serious privacy and legal problems. The answers to typical legal issues concerning employee monitoring provided here may be useful for companies contemplating their alternatives.

Can I keep track on my remote workers?

Yes. Monitoring your workers, whether they work remotely or not, is typically deemed lawful as long as it is done for legitimate business purposes. Businesses are not permitted to violate state or federal privacy regulations; yet, these laws often provide employers the authority to monitor practically everything an employee does while on the clock or while using employer-owned equipment.

Finding out what is and is not a genuine business purpose, as well as personal privacy limits, may be difficult and should be discussed with a lawyer if you have any issues.

Do I have to inform my staff that they are being watched?

There is no federal legislation in the United States that requires companies to warn their workers, whether on-site or remote, that they are being watched. When it comes to employee monitoring, state rules might vary. Connecticut and Delaware, for example, require companies to tell employees that they are being followed using techniques such as monitoring software. In addition, in California, employers are not permitted to record phone conversations unless every individual on the call is aware of the recording.

You should consult with a lawyer to see if your state has particular regulations about informing workers that you are monitoring them.

When do I need the permission of my workers to monitor them?

Before monitoring through video and audio recording, employers may wish to get authorization from their remote workers. State legislation may need consent or notification. Although employers may have a legitimate economic interest in monitoring remote workers, remote employees have a right to know when video or audio surveillance is employed since their privacy rights are at issue.

Even with authorization, if an employer learns that a phone conversation, for example, is personal, they must normally cease monitoring. Employees may feel harassed or distrusted depending on the surveillance methods in use.

If you need assistance determining when to get employee permission for monitoring, consult with a lawyer.

What am I legally permitted to observe in the remote workplace?

Employers may be shocked at how much they can monitor, particularly with today’s latest technologies. With everything being done online and with computers, monitoring and recording phone conversations is almost obsolete. Employers typically keep an eye on the following:

1. Supervising the employer’s equipment

A corporation may often monitor all actions on its computers and other devices. This covers application use, downloaded files, internet usage, saved documents, social media activity, keystrokes, logging in or out, and active or idle time. Remote employees who utilize employer-owned equipment moved off-site may be subject to monitoring.

Companies may often restrict access to certain websites and social media platforms. The objective of these constraints is typically to ensure that staff are not idle. Nonetheless, there are restrictions on social media access. Most jurisdictions, for example, prohibit employers from forcing workers to provide usernames and passwords for social media or other internet accounts.

2. Email monitoring

Many workers also keep track of emails sent and received on corporate property. Typically, all email sent or received by an employee on their employer’s corporate email account may be monitored. If an employee receives a personal email on a work-issued device, the employer may read and examine the email, but only until it is evident that the communication is unrelated to the company.

3. Collaboration tools for monitoring

Several collaboration technologies have become typical corporate tools in the age of Work from Home. Employees use a number of online communication technologies to hold group chats, video conferences, and exchange information and ideas. If the employer owns or controls the tool, or if the employee uses it on a business account or device, all communications sent, received, and saved may be watched. Significantly, certain collaboration platforms may assist companies in monitoring the behavior of their employees.

4. Surveillance of the employee’s surroundings

Lastly, certain employee monitoring softwares collect data from a remote employee’s computer microphone and camera in the room where they work. This form of surveillance may potentially detect an employee’s family’s activities. For instance, if a youngster asks a homework question near their parent’s work computer, the program may record it.

Companies that prefer to monitor their workers using webcams or other personally intrusive methods should be transparent about their monitoring policies. As you can expect, this may raise ethical and legal concerns for companies. Before using this form of employee monitoring, businesses should consult with a lawyer.

Is it lawful to terminate a worker who refuses to be monitored?

Some remote workers may reject to be watched when companies install or extend employee monitoring technology. They may reject even if you assure them you would only do it at agreed-upon times. In most circumstances, however, an employer may terminate an employee for failing to follow the company’s policies and procedures.

While some workers may object, most monitoring is lawful, and remote employees cannot usually prevent you from doing it. At the same time, excessive surveillance might reduce employee satisfaction and faith in the organization. Moreover, just because companies are legally permitted to monitor their workers does not imply that all monitoring tactics are appropriate for that organization.

Most organizations attempt to strike a compromise between their remote workers’ privacy and the requirement to supervise. But, if you decide to monitor your staff, make a record of each monitoring technique in your company’s Employee Handbook. This manner, your employees will be aware of how you are monitoring them throughout working hours.