With more employers monitoring workers with cameras and GPS trackers, federal regulators and states have taken steps to strengthen employee privacy rights.
Some employers rely on cameras that record employees and customers throughout company property. Elsewhere, employees have GPS trackers on their company-issued phones, vehicles or wearable devices, letting the employer know where they are.
Companies use these workplace surveillance technologies to encourage productivity, discourage theft, prevent workplace violence, and protect employees, customers and company property. They also use them to make sure employees are doing the work they are supposed to be doing.
"All employers, particularly with remote employees and employees who travel for work, have an interest in ensuring that their employees are actually working," said Scott McIntyre, an attorney with Baker Hostetler in Cincinnati. "This is particularly relevant in the work-from-home-culture world where managers are not physically present to ensure employees are working when they say they are."
Sometimes employers use the data collected by surveillance technologies to discipline employees who fall short of productivity quotas, penalize workers for taking time off or provide individualized directives throughout the workday, according to an October 2022 memo from National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo.
Federal law generally permits employers to use GPS tracking and videotaping for...
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