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
- Coronavirus
- Employment Law
- Department of Labor
- Discrimination
- Arbitration
- Labor Law
- Employee Benefits and Executive Compensation
- Religion Discrimination
- Disability Discrimination
- IRS
- NLRB
- Race Discrimination
- Litigation
- Employer Policies
- OSHA
- Americans with Disabilities Act
- Social Media
- Retirement
- Sexual Orientation Discrimination
- Accommodation
- National Labor Relations Act
- National Labor Relations Board
- ERISA
- Employer Handbook
- Employment Litigation
- Reasonable Accommodation
- Wage & Hour
- EEOC
- ACA
- Affordable Car Act
- ADAAA
- NLRA
- Title VII
- Unions
- Employer Rules
- Federal Arbitration Act
- Sexual Harassment
- Technology
- Privacy
- 401(k)
- Transgender Issues
- FMLA
- Workplace Accommodations
- Disability
- Workplace Violence
- 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
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- Benefits
- 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)
- Electronically Stored Information
- Telecommuting
- Affirmative Action
- Compensable Time
- Equal Opportunity Clause
- Pregnancy Discrimination
- Security Screening
- Supreme Court
- Occupational Safety and Health Administration
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Classification
- Confidentiality
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- State Minimum Wage
- Wage Increase
- Disability Leave
- Social Media Content
- Taxation
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
Recent Posts
- The Practical Employment Law Podcat: Labor & Employment Law Update Week of 1/23/23
- The Practical Employment Law Podcast: The Obligatory New Year's Episode
- The Practical Employment Law Podcast: The Obligatory Holiday Party Episode
- Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching
- The Practical Employment Law Podcast: Thanksgiving for Plaintiffs' Attorneys
- Why Every Employer Including Those Outside NYC Should Stay Abreast of the NYC Pay Transparency Law
- The Practical Employment Law Podcast: Interview with Author and Lawyer Steven Mitchell Sack
- The Practical Employment Law Podcast: Are You Caught in a TRAP?
- California New Pay Transparency Law
- The Practical Employment Law Podcast: The Controversial Episode