When you start working from home, it is easy to find yourself doing personal things during work hours. But what if the personal information is confidential? Can your employer monitor you during remote work? What are your rights? Talk to an Ontario, CA labor law attorney today to learn more about your privacy rights.
If you work from home and use your employer’s devices, you should think carefully before moving between business and personal activities. Employers have extensive powers to monitor what their employees do, regardless of your company’s privacy policies. Employee privacy is limited even while remotely employed, but there are things you can do to solve your remote work privacy issues and keep your job.
What privacy rights do you have as an employee?
Workers have almost no digital privacy rights when working remotely due to the limited employee privacy rights. According to federal law and court rulings, employers have the right to track your use of company-provided devices and computer networks, such as your files, what you type, what websites you visit, and your work email.
What email privacy protections exist are for personal emails only – but not if you use them on your employer’s equipment or network. In the case of social media, even if you post to a password-protected social networking site on your own time and computer, your employer may still legally punish you if another person forwards it.
Are there any exceptions to worker monitoring?
Several exceptions do exist. Employers are generally prohibited from videotaping employees in restrooms or break rooms, though it is unclear how this would apply in the age of video conferences. Employers are not legally required to examine letters containing genetic information or union organizing; union contracts may forbid monitoring entirely.
Employers are prohibited in at least 26 states from requesting employees’ social media network passwords. Employee monitoring based on gender, race, or certain other demographics may violate laws about civil rights. Moreover, to what extent businesses can monitor what employees do on smartphones or computers they own but use for work is unclear.
Are workers aware of what employers can access?
The simplest way to safeguard your digital privacy rights is to learn what your company is watching and avoid conducting sensitive business in that manner. Your employer may explain this in a corporate privacy policy or an employment contract, or you might need to ask. Sadly, most companies are not required to answer truthfully – and concealing your consent may result in termination.