December 6, 2022 - There can be no dispute that the COVID-19 pandemic fundamentally altered the American workplace by sending employees home to work remotely. Even as the pandemic wanes, a large population of employees remains remote. Many of them will likely stay that way.
With this remote work comes challenges to employers as to how to monitor a workforce out of sight. Certain employers have responded by turning to technology to measure remote employee productivity, improve efficiency, and ensure accountability. Examples include instant messaging apps that reflect "active" or "away" statuses, software that counts keystrokes or scans an employee's face, and GPS monitoring. While employee monitoring can serve important purposes — including making remote work possible for those employees who prefer it — there are potential pitfalls that employers should consider.
A recent reminder of the risk that can accompany employee monitoring comes from Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board in her Oct. 31, 2022, memo Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights, in which she described how an employer might run afoul of the National Labor Relations Act (NLRA).
Two sections of the NLRA form the background for Abruzzo's memo. One is Section 7, which, among other things, guarantees employees the right "to engage in...
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