Employee privacy laws in the US are limited, with employers having the right to monitor phone and computer communications, and conduct drug tests and video monitoring. California has stricter phone privacy laws, but in all other states, monitoring must stop if a call is personal. Emails and voicemails sent from work devices are not protected, but physical privacy is respected in private areas like bathrooms.
Few employee privacy laws exist in the United States to protect employee rights in the workplace. Since the employer owns the equipment and the premises, most telephone and computer communications can be monitored. Video monitoring is generally allowed. Most workplace privacy laws are more favorable to the employer than the employee.
Privacy on the phone is a common concern for employees. Employee privacy laws do not guarantee that phone calls will not be monitored. Under federal law, any business-related calls can be monitored by your employer. Most state laws follow federal rules. The state of California has stricter phone privacy laws than other states. In California, both parties must agree to be monitored.
In all other states, if while monitoring the call the employer realizes that the call is personal, the monitoring must stop immediately. The employer does not have to follow this rule if he asks employees not to make personal calls in the workplace. Since the employer owns the telephone lines, he can obtain records of all calls made from workplace telephones.
Another issue that worries employees is privacy when using work computers. Because the employer owns the computers and the network, employee privacy laws do little to protect employees while using the computer. Employers can monitor how often the computer terminal is idle. They can also monitor your internet usage. Union contracts may limit close monitoring of employees while using the computer.
Email sent from company-owned computers and voicemail messages on company phones are not protected by employee privacy laws. In most cases, employers can read emails or listen to voicemails without the employee’s consent. Court rulings in some states have set a precedent for some exceptions. If the communication is between the employee and an attorney or physician, the communication may be protected by employee privacy laws.
The last employee privacy issue that affects employees is physical privacy. Federal law allows random drug testing among employees. It also enables video monitoring in most public places to protect against theft and monitor productivity. Cameras are not permitted in locations where employees need physical privacy, such as locker rooms and bathrooms.
Bags and jackets can be searched to prevent theft. Employee desks, workstations and locker rooms can be searched. The exception is that if an employee is given a key to a desk or locker, that space cannot be searched without permission.
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