Generally, employers are allowed by law to monitor employee activities with a few exceptions. Certain private areas such as the employee's body, purse, briefcase, locker or desk are typically off limits to inspection unless there is a clear written policy and a compelling business reason for the inspection.
Surveillance of the workplace is typically not an invasion of an employee's privacy where there is no reasonable expectation of privacy. However, surveillance of private areas such as restrooms or employee lounges would probably be difficult to justify.
Federal and state laws regulate the electronic monitoring or intercepting of telephone conversations and other forms of communication. Federal law requires that one party to the conversation consent to be monitored. Some states require the consent of all parties to the conversation. In these states employers must notify employees and obtain their consent prior to monitoring their conversations.
Employers are required to keep employee records, personal information and other sensitive information confidential. Employee records should be stored in secure areas with limited access.
Where can I get legal advice about my Employment Law Law matter or case?
If you have an Employment Law matter or case and want legal advice for your specific situation, call the law firm below to schedule a free consultation.
TOP OF PAGE