Technology and the internet has a large impact on privacy issues in the workplace. And, as is common with rapid technological advancements, the law has a hard time keeping up. Here we examine typical tool used by employers and explore the rights offered under state and federal laws to protect your privacy.
Employers are increasingly utilizing technological surveillance tools to monitor the following activities of their workers:
- Computer Use/Keystrokes
- Phone Calls and Voice Mail
- Social Media
Monitoring/Tracking Computer Use
Your employer is permitted to track your activities on company-provided equipment. This includes phone calls, internet usage, emailing and more. However, there is a fine line between monitoring and surveillance. It is generally acceptable for an employer to monitor the activity of its workers to protect company assets and ensure employees are performing approved job duties during paid company time. When the monitoring ventures into an area of surveillance, the legal area may become murky.
By intruding into the personal lives of workers via on-the-job surveillance, employers can learn about their employees’ sexual orientation, religion, political views, medical issues and more. Subsequent activity by the employer may then be viewed as discriminatory, and be subject to legal and civil action.
Social Media
Currently, 36 states have active or pending legislation prohibiting employers from requiring that their employees and job applicants disclose personal log in information to access their social media accounts. New York has not yet enacted laws banning this behavior. However, the state has introduced legislation (A.B. 443, S.B. 1701 and S.B. 2434).
Most recently, in Staten Island, the City Council is considering Int 1106-2013, a bill that would prohibit employers from demanding that an employee or job candidate provide his/her private social media information. It would also forbid retaliation for failure to provide this information. Violations of this proposed local law would result in fines between $250 and $2000 per infraction, and civil lawsuits.
Though New York employers may still intrude on their worker’s social media accounts for now, there are state laws in place that ban them from retaliating for posts their employees make on social media, unless it damages the company. Even without these types of prohibitory laws, this activity may run counter to the guidelines established by the National Labor Relations Board.
Workplace privacy rights issues are complex. The federal, state and local laws governing this legal area are constantly changing and often being re-interpreted as technology continues to advance. This makes it nearly impossible to provide a complete list of what your employer can or cannot do with respect to your privacy rights. If you believe that your employer has infringed on these rights, the smart option is to obtain the counsel of an experienced and knowledgeable NY employment lawyer to determine whether you have legal recourse.