An issue that seems to come up weekly in my practice is whether employers may monitor employee e-mail, text messages and internet use. Here is a nice article on the topic from Law.com.
As noted in the article, this issue really comes down to having an appropriate policy in place that eliminates any reasonable expectation of privacy arising from the use of company owned devices and networks. Here is the takeaway:
[T]he policy should contain:
- specific definitions of the work devices and messages that are covered by the policy — for example, work-issued computers, BlackBerrys, and cell phones;
- a provision addressing whether an employee is permitted to use work devices for personal use; and the extent to which that use is allowed;
- a provision informing employees that the employer may monitor and log all work devices and accounts;
- a provision informing employees that the employer may access and search work devices and accounts, and that employees have no expectation of confidentiality or privacy in messages sent over those devices;
- a provision allowing for disciplinary action if the policy is violated;
- a form for employees to sign acknowledging receipt of the policy.
I agree with all of these and I might add a statement that the policy covers monitoring of any accounts or sites accessed on company devices, even if those sites or accounts are password protected.
Remember, these are only general guidelines — specific questions should be directed to a qualified employment attorney.
Questions or comments? You'll find a link to my email address at the CONTACT line below.
- Partner
Mark Chumley has experience representing clients in all aspects of labor and employment law. He has handled numerous cases before state and federal courts and state and federal civil rights agencies, including claims involving ...
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- NLRB
- Coronavirus
- Employment Litigation
- Labor Law
- National Labor Relations Board
- Workplace Violence
- Department of Labor
- Arbitration
- Discrimination
- Employee Benefits and Executive Compensation
- Religion Discrimination
- IRS
- Disability Discrimination
- Litigation
- Employer Policies
- Americans with Disabilities Act
- Race Discrimination
- Social Media
- OSHA
- Retirement
- Sexual Orientation Discrimination
- Accommodation
- National Labor Relations Act
- ERISA
- Employer Handbook
- Wage & Hour
- Reasonable Accommodation
- EEOC
- ACA
- Affordable Car Act
- ADAAA
- Title VII
- Unions
- NLRA
- Employer Rules
- Sexual Harassment
- Federal Arbitration Act
- Technology
- Privacy
- 401(k)
- Transgender Issues
- FMLA
- Workplace Accommodations
- Disability
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Paycheck Protection Program
- Securities Law
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Class Action Litigation
- Gender Identity Discrimination
- Posting Requirements
- Benefits
- Disability Law
- E-Discovery
- Evidence
- Family and Medical Leave Act
- Environmental Law
- Overtime Pay
- Privacy Laws
- Representative Election Regulations
- Department of Justice
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Telecommuting
- Affirmative Action
- Electronically Stored Information
- Equal Opportunity Clause
- Compensable Time
- Occupational Safety and Health Administration
- Pregnancy Discrimination
- Security Screening
- Supreme Court
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
Recent Posts
- New NLRB General Counsel Guidance Threatens Ability to Enforce Non-Compete Agreements
- The Practical Employment Law Podcast: Exploding 5 Employment Law Myths
- The Practical Employment Law Podcast: The Economics of Employment Law
- NLRB Issues Guidance on the Recent Mclauren Macomb Decision
- The Practical Employment Law Podcast: Thoughts On Workplace Violence
- The Practical Employment Law Podcast: Pay Transparency Laws and Remote Workers
- The Practical Employment Law Podcast: Labor & Employment Law Update Week of 3/6/23
- The Practical Employment Law Podcast: E.W.A. - Straight Outta Payroll
- The Practical Employment Law Podcast: Labor & Employment Law Update Week of 1/23/23
- The Practical Employment Law Podcast: The Obligatory New Year's Episode