{"id":4092,"date":"2021-07-20T09:20:49","date_gmt":"2021-07-20T13:20:49","guid":{"rendered":"https:\/\/iesmartsystems.com\/?p=4092"},"modified":"2023-08-22T08:19:20","modified_gmt":"2023-08-22T12:19:20","slug":"workplace-surveillance-laws","status":"publish","type":"post","link":"https:\/\/iesmartsystems.com\/workplace-surveillance-laws\/","title":{"rendered":"The Employer’s Guide To Workplace Surveillance Laws"},"content":{"rendered":"
Surveillance in the workplace is mostly governed by a combination of state laws, which means they can vary. What makes the matter more complicated is that a state\u2019s laws might impact you even if you aren\u2019t registered there. For example, the California Consumer Privacy Act applies to companies that do business in California.<\/p>\n
To make matters more complicated, there are also federal policies that impact workplace surveillance. The Electronic Communications Privacy Act (ECPA) covers the right to digital privacy and sets out the terms for legal interception of digital and electronic communication between two parties. The ECPA does permit companies to intercept communications that take place on systems the company owns and uses to conduct business.<\/p>\n
In short, if you\u2019re going to monitor or record employee activity and communication you should have a clear business-related reason to do so and make it abundantly clear how and when you plan to conduct surveillance.<\/p>\n
It\u2019s reasonable to expect that your employees may conduct some personal business while at work. Unless you expressly require them to avoid doing so, you will have to cease monitoring when you realize the activity is of a personal nature.<\/p>\n
Businesses and employees both have rights and it\u2019s a good idea for business owners to fully understand the surveillance laws and educate employees on the relevant statutes in a company handbook or purpose-written surveillance policy.\u00a0This guide is meant to help introduce you to common workplace surveillance laws and concepts. Please make sure to review your local laws before implementing any policies.<\/p>\n<\/div>
From a federal standpoint, the Fourth Amendment protects citizens from search and seizure without a warrant. However, businesses can require employees to relinquish their privacy rights as a condition of employment.<\/p>\n
Texas law is written in such a way that the best approach for a company is to set clear and upfront expectations about employee privacy and reinforce those policies with signed consent forms.<\/p>\n
Otherwise, it is the purview of the business to conduct physical searches, read work emails, monitor work-related phone calls, and record employees on\u00a0surveillance cameras<\/a>\u00a0in the workplace (except in bathrooms and locker rooms).<\/p>\n<\/div>Video Surveillance In The Workplace<\/h2><\/div>