How To Avoid Legal Claims When Monitoring Employee Activities

Construction Executive featured Tracy Moon's article "How To Avoid Legal Claims When Monitoring Employee Activities" on August 14, 2014.

Tracking and monitoring individuals’ activities is becoming more common, largely because the technology is less expensive and easier to use, and the information derived can be very interesting and beneficial. The NFL recently announced it would be placing Radio Frequency Identification tracking chips on players during some games to generate precise positioning data. Additionally, law enforcement has been using cell phone location technologies to quickly find missing people. Like the NFL and law enforcement, employers in construction and multiple other industries are using GPS technologies to track and monitor the activities of employees when they are working away from the office.

While GPS technologies provide employers with useful information to ensure employees are properly engaged in appropriate work-related activities when they are at a jobsite or otherwise working away from the office, they also can provide information about their non-work-related activities. This is where problems can arise.

By and large, employees expect employers to track or monitor what they do in the workplace. For example, most employees are aware that their activities when using a company-owned computer are likely being monitored. However, most employees do not want their employers to track or monitor what they do on their personal time. Employees have an expectation that such information is private and believe it is none of their employer’s business.

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