Legal Responsibilities When Monitoring Your Employees On and Off the Clock

Keep you and your company out of hot water when monitoring your employees.

Keep you and your company out of hot water when monitoring your employees. Many managers are required now to observe and consider realistic and proper practices and procedures for monitoring employee activities and communications. Such assignments are typically for the purposes of improving workplace productivity, maintaining asset control, and enhancing workforce harmony. Even if not asked to undertake such efforts, managers today are often confronted with digital communications or activities disclosed to them by peers, co-workers, or employees whom they supervise. As a result, all managers, and their supervisors or advisers, need to gain some familiarity with the issues that arise from actively observing employee activities or communications, whether performed in-person or digitally. Obtaining a foundational knowledge in this area proves critical for formulating and applying proper workplace policies and procedures. The need for business monitoring of employee activities has increased due to more employees working remotely on a full-time or part-time basis. Securing business assets, plans, and strategies also requires employer monitoring. In addition, many software companies market new apps and programs that monitor employee work activities. All such efforts require an analysis that balances business objectives with legal compliance obligations so that employers limit their exposure in a manner that also permits economic growth. This topic sheds light on how to start that discussion with your business managers or team in an efficient and productive manner.

Faculty

Ambrose V. McCall

Hinshaw & Culbertson LLP