There are many reasons people enjoy remote work. Saying goodbye to a brutal commute? Check. Not having to figure out what to wear? Check. Pets readily available for a quick break? Check. Nobody microwaving fish in the kitchen next to your cubicle? BIG check.
While working from home means you don’t have to worry about your manager glaring if you’re lingering a bit too long with your coworkers on a coffee break, it doesn’t mean that your employer isn’t monitoring your output. While privacy laws protect personal data and accounts, what remote employees do on company-owned devices, such as laptops, is generally subject to tracking and scrutiny via employee monitoring software.
Does an employer have the legal right to use tracking software on remote workers, or is it an invasion of privacy? In general, it’s legal for an employer to do so. Much depends on the details, which often focus on whether a work computer is being used and if the company has been transparent about its tracking policy. There’s no federal law that specifically outlaws remote employee monitoring, but legislation such as the Stored Communications Act (SCA) provides some privacy protections. State laws can also aid with employee privacy, but if you’re using a work device, chances are that your employer has the right to monitor every key you tap and every website you visit.
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