Informing employees of electronic communication monitoring is widely considered a best practice for HR. But employee monitoring notification is not necessarily required by law, prompting a growing wave of state-by-state bills mandating written notice to workers.
Among the proponents of these laws is Illinois State Sen. Sara Feigenholtz, a Chicago Democrat, who introduced legislation late last month requiring employers to provide notice of electronic monitoring.
"The workplace has definitely shifted post-pandemic," Feigenholtz said in an interview. More employers are using technology to monitor workers, and this law is a "way for us to manage the workplace in its new form," she said.
In Congress this month, U.S. Sen. Bob Casey, D-Penn, introduced the "Stop Spying Bosses Act," requiring employers to inform employees of monitoring. It also prohibits the collection of "sensitive" data, such as data collected when not at work or involving union organizing.
Lawmaker interest in employee monitoring notification corresponds with the shift to remote work. One of the most consequential laws for employers is the California Privacy Rights Act, which was introduced in 2020 and took effect Jan. 1. The state law is considered an extension of the California Consumer Privacy Act to employees.
California now gives employee data "the same sort of treatment as consumer information," said Nannina Angioni, a labor and employment attorney at Kaedian LLP in Los Angeles.
Under this law, employers...
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