Many people who work from home are surprised to learn the extent to which their employers are keeping tabs on them. From tracking keystrokes and logging website visits to recording screenshots, monitoring emails, or even activating webcams during the workday, companies may go to great lengths to monitor their workers.
If you have become aware that your employer is monitoring your computer while you are working from home, you probably have questions. Such as, is this legal?
Employee-monitoring software is increasingly common in remote and hybrid workplaces. Fortunately for workers in Washington, there are limits on what employers can legally do. Lawmakers are also considering additional restrictions on employee monitoring.
At Justice Law Corporation, our Washington employment class action attorneys help people understand their rights and take action to protect them on the job. We are seasoned attorneys who have dedicated our careers to fighting for working people in pay disputes, discrimination cases, and other matters. We represent workers in a broad range of industries and jobs who have been mistreated by their employers.
Although employers generally have significant authority to monitor company systems and equipment, their power is not unlimited. Washington laws are moving toward stronger employee privacy protections, especially for remote workers.
Here is what you should know about workplace monitoring while working from home.
How (and Why) Employers Monitor Workers
Employers increasingly use software that monitors employees in a wide range of ways. In many cases, employees do not realize how extensive the monitoring is until they discover surveillance software installed on their work devices.
Companies can track the websites employees visit and the applications they use on employer-provided computers. They may also try to monitor productivity by tracking employees’ idle time, keystrokes or typing activity, mouse movements, and login and logout times. Employers can also look at emails and chat messages and take screenshots of workers’ computers.
That is not to mention more invasive tactics, like tracking GPS location data and webcam activity. Some advanced programs can even use artificial intelligence to analyze behavior patterns or productivity trends.
There are a number of different reasons that employers give for monitoring their employees. Common justifications include:
- Protecting confidential company data
- Preventing cyberattacks
- Measuring productivity
- Tracking hours worked
- Ensuring compliance with company policies
- Monitoring customer service quality
- Preventing harassment or misconduct
Businesses in industries such as finance and healthcare may also monitor employees to comply with specific regulatory obligations. Still, many workers feel that constant surveillance crosses the line from reasonable supervision into invasion of privacy.
Can My Employer Legally Monitor Me?
Employers generally have the authority to monitor employees while they are working, especially if workers are using company-owned equipment or company networks. Courts tend to find that employees have limited privacy expectations when using employer-provided systems.
That does not mean employers have unlimited power, however. Washington employees have certain privacy rights. Employers cannot force employees to give them access to their social media accounts. Employers must also keep confidential a wide range of information they gather about their workers.
When Monitoring is Unlawful Retaliation
Monitoring crosses the line into illegal retaliation when employers use surveillance to target workers for engaging in protected activity on the job.
Anti-retaliation laws are designed to protect people who speak up about their rights on the job. They also shield workers who assist their colleagues in asserting their legal rights or otherwise blow the whistle on their employers.
The laws generally prohibit employers from taking punitive action against workers who participate in internal or external complaints about wage-and-hour issues, discrimination, workplace safety concerns, or fraud. Retaliatory action can span a wide range, from increased scrutiny to changes in scheduling and assignments to even firing.
Concerned About Monitoring? Here is What You Can Do
If you believe your employer’s surveillance practices are unreasonable or invasive, there are some steps you should consider taking.
Review Company Policies
Start by reviewing your handbook, onboarding documents, and IT policies. Has your employer disclosed any type of monitoring? Look for policies discussing:
- Electronic monitoring
- Acceptable computer use
- Data privacy
- Remote work expectations
- Webcam requirements
- Recording policies
- Bring-your-own-device rules
Some employers require employees to sign acknowledgments consenting to monitoring.
If your employer never informed you about monitoring software, that could become important later if disputes arise.
Separate Personal and Work Activity
Avoid using company devices for personal matters whenever possible. Assume that activity conducted on company devices or networks may be visible to employers.
Document Concerning Conduct
Keep records of unusual surveillance practices. That includes:
- Unexpected screenshots
- Webcam requirements
- Monitoring outside work hours
- Requests for access to personal devices
- Lack of disclosure
Ask Questions
Knowledge is power. If your employer does not detail monitoring activity in its handbook or policies, you should feel comfortable asking questions like:
- What information is being collected?
- How is it used?
- Who can access it?
- How long is it stored?
As workplace surveillance technology becomes more sophisticated, understanding your rights is more important than ever.
Our Washington Employment Class Action Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by monitoring your every move while working remotely or shortchanging you on minimum wages and overtime pay, you do not need to go it alone. A Washington employment class action attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Seattle. Contact us online or call 360.207.0000 to schedule a free consultation with a Washington employment class action attorney.
