Does your company keep a digital eye on employees throughout the workday? You’re not alone. According to an American Management Association survey, 80% of employers use some form of electronic workplace monitoring.
There are good business reasons for doing so. Workplace monitoring can help ensure a safe workplace, prevent theft and sabotage, and keep productivity high.
However, there is a distinct downside. Employees under constant surveillance may be stressed or feel dehumanized. While the goal may be to elevate productivity, it can, in fact, lower morale. In addition, companies run the risk of violating employee privacy rights, which aren’t always clear-cut. In other words, it’s complicated!
Thanks to ever-advancing technology, employers are now enacting measures that seem straight out of science fiction. Take Three Square Market, a Wisconsin-based vending machine manufacturer made famous for implanting microchips in about 80% of its workforce.
While the microchips—which are voluntary—allow employees to open secure doors and log onto computers with a wave of the hand, they don’t track the employees’ movements.
But that’s not the case with some Chinese companies, which are reportedly using sensor-studded helmets to scan employee brainwaves, detecting fatigue and stress. At least one company is purportedly using the data to determine when breaks are needed.
Another example: Amazon was granted patents for GPS wristbands that not only track workers’ locations in the warehouse, but read their hand movements and provide feedback that helps them pick the right items faster.
Is it cool, or invasive and creepy? Or maybe a little of both?
For most companies, employee monitoring isn’t that extreme. According to the American Management Association (AMA), most employers employ the following surveillance methods:
There is little federal legislation that directly addresses employee privacy rights—that’s part of the challenge for employers. The primary restriction on workplace monitoring comes from the Electronic Communications Privacy Act of 1986, which prohibits companies from intercepting oral, wire or electronic communications, with two big exceptions: (1) there’s a legitimate business reason to do so, or (2) employees have provided consent.
Because federal law offers employers a good deal of leeway, some states have enacted laws of their own, many which mandate broader employee consent requirements or specifically limit video surveillance.
To protect employee privacy rights, HR experts recommend exercising great care when implementing workforce monitoring strategies. For starters:
Make sure to stay up to date on the latest workplace monitoring and employee privacy rights by investing in HR compliance support. Each state and local jurisdiction has different requirements. For example, New York requires electronic monitoring notice.