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Wearable Technology Device Policy

Author: Tracy L. Moon, Jr., Fisher Phillips

When to Use This Policy:

The use and presence of wearable technology devices in the workplace is growing and is projected to increase considerably as new devices and applications are developed and become available for purchase at lower prices. The potential for improving profitability and productivity will likely ensure the expansion of wearable technology device used by businesses. An employer can expect to see more employees wear wearable technology devices such as activity and fitness trackers, smartwatches and smart glasses to work for personal, nonwork-related reasons. Inappropriate and unlawful use of wearable technology devices may create legal risks and employment-related issues for unprepared employers, resulting in disgruntled employees, charges of discrimination, lawsuits and even injuries and deaths.

This policy should be communicated to all employees at the commencement of employment addressing any questions they may have regarding its scope and enforcement. An employer should obtain a written acknowledgment signed by employees acknowledging their understanding of, and intent to comply with the policy. Because wearable technology is rapidly changing, an employer should keep up with changes and review the policy to ensure appropriate and lawful use of wearable technology devices in the workplace.