Overview: Employee privacy laws cover everything from the monitoring of employee communications including phone, email, internet and social media at work to the protection of employee records and confidential information. Considerations of employee privacy also impact employer monitoring of employee conduct as well as searching of personal and employer-provided property.
It is best practice for an employer to develop and implement policies that address privacy in the workplace and employee expectations. Employers should aim to strike a balance between monitoring the workplace and respecting employee rights. Employers should have a legitimate business reason for engaging in any conduct which impacts employee privacy rights. Further, it may be advisable to obtain employee consent where possible when engaging in any monitoring or surveillance.
Trends: Privacy is one of the hottest and most volatile subjects in the workplace today, and deservedly so. From employee social media use to the use of GPS devices to monitor employee conduct, the landscape of employee privacy is constantly changing based on new technologies and developments. Employers should also be aware that state and federal governments have shown a willingness to legislate a variety of topics ranging from protection of genetic information to wiretapping and social media to data protection.
Author: Beth P. Zoller, JD, Legal Editor
Updated to reflect the removal of the earned paid time off law in Bernalillo County, New Mexico, due to the change in its implementation date from July 1, 2020, to October 1, 2020.
Updated to reflect law regarding microchip implantation, effective July 1, 2020.
Updated to reflect the law restricting criminal inquiries regarding marijuana possession, effective July 1, 2020.
Updated to include New York City law relating to preemployment testing of marijuana, effective May 10, 2020.
Employers can use this checklist to communicate the importance of data and equipment security to employees by providing them with the proper workplace policies and training.
Updated to reflect amendments to the Utah Medical Cannabis Act, effective February 28, 2020.
Updated to include state ban the box law, effective February 29, 2020.
Updated to include forthcoming St. Louis ban the box law.
HR and legal considerations for employers regarding employee privacy. Privacy issue guidance on subjects such as social media and surveillance.