Guide to Employee Monitoring Laws of the U.S.
In the United States of America monitoring employees is a completely legal activity. Almost all federal and state laws permit employers to monitor their owned devices (used by employees), especially where there lies the business intent.
Employers can monitor their employees’ attendance, productive time, activities on the internet, screen content, keystrokes, emails, communication, and more. But, that said, there are laws which are governing the extent of monitoring with employee monitoring software in a work environment.
1. Is it legal to monitor employees in the USA?
Yes, in the United States of America it is legal and encouraged to employers to consider, to some extent, monitor employees' activities on workplace devices. But, such monitoring needs to be validated with logical business reasons from the organizations.
Some states, however, ask for consent from employees before monitoring. But, as far as, Federal laws are concerned employers have no restrictions/requirements to disclose about staff monitoring.
2. Monitoring employees’ internet and social media activities are legal?
Yes, mostly in all cases employers have the legal right to ensure that the employees are using the workplace’s internet for only work-related jobs. Laws in the U.S. allow employers to track internet activities of employees like websites visited, URLs opened, amount of time spent on all sites, and even restrict some websites.
In some states of the U.S., it is permissible for employers to carry out pre-employment background checks on employees before hiring them. In this, they might even ask for social media credentials as a completely legal formality.
3. How legal is it to monitor screen captures and keyboard usage?
It is completely legal for employers to monitor screen captures and keyboard usage in the USA. simply put, in the U.S., it is completely legal to monitor each employee's activity during working hours. It can be legally added and announced to employees too.
4. Is it legal for employers to Monitor email content?
Yes, under the United States law any email that an employee sends or receives on a company’s computer comes under the radar of monitoring. Being received on the company’s devices they can be monitored and accessed whenever and however.
Though in some states consent is necessary, majorly is defined as legal under federation laws. For example, in California, third-party consent is necessary before accessing mails.
5. Is monitoring and recording phone conversations also legal?
Yes, but only on devices owned by the company because they are the company’s property and can be only used for official purposes. The addition to the fourth amendment of the Electronic Communication Privacy Act (ECPA) of 1986, however, states that it is illegal to intercept any type of communication, wire, oral, or electronic. But, there are some exceptions like:
Business-related exception where employers are allowed to monitor calls only if they have legitimate reasons to support their cause.
The prior-consent exception stated by the Federal says that recording the phone is permissible if even one party agrees and gives the same consent. Though this law has its own amendments in every state.
6. Is video monitoring of systems also legal in the U.S.
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