With the rise of remote work during the COVID-19 pandemic, employee monitoring has become an increasingly popular practice for companies to maintain oversight and productivity. From tracking timekeeping and project billing to using advanced technologies like geotagging and screen mirroring, employers are taking advantage of a lucrative market for more extensive monitoring processes. But along with the benefits come the potential for negative consequences and legal complications. In this article, we will explore the various forms of employee monitoring, employees’ perceptions of monitoring, the negative consequences of poorly implemented monitoring, and the legalities and best practices for employers.
Forms of Employee Monitoring
Employee monitoring can take many forms, ranging from basic methods such as timekeeping and performance evaluations to more intrusive practices like geotagging and screen mirroring. Here are some of the most common forms of employee monitoring:
Increased project oversight involves tracking an employee’s progress on a project and setting benchmarks for completion. It is a standard form of monitoring that most employees are familiar with.
Geotagging is a technological practice that involves tracking an employee’s whereabouts using GPS technology. It’s often used for monitoring field employees and those who work offsite.
Attention productivity measures
This practice involves tracking an employee’s focus on the task at hand, which could include monitoring mouse movements, keystrokes, and website activity.
Screen mirroring involves capturing and storing an employee’s computer screen in real-time for monitoring purposes. This is generally used for employees working in sensitive industries such as finance or healthcare.
Other Processes and Technologies
There are countless other forms of employee monitoring that can include everything from email and chat monitoring to biometric analysis.
Employees’ Perception of Monitoring
If there is one thing that is clear, it is that employees don’t like being extensively monitored. A report by Gartner found that 82% of employees would not want their employer to monitor their activity on personal devices, while 50% said they would consider quitting if their employer installed monitoring technology. Employees view monitoring as a violation of their privacy and a lack of trust on the employer’s part.
Negative consequences of poorly implemented monitoring
When monitoring is poorly implemented, it can have negative consequences for both employers and employees. If employees don’t understand or agree with the “why” behind the monitoring, it can lead to employee “workarounds” to escape the process. This can decrease productivity and morale and increase resentment towards the employer. It could even lead to legal action if the employee doesn’t believe the monitoring was justified. Furthermore, if the data gathered from monitoring falls into the wrong hands, it can lead to data breaches and compromised personal information.
Understanding the Purpose of Monitoring
Before implementing any type of monitoring, it is critical to understand why you are monitoring employees. The goal should be to foster a culture of trust rather than a culture of surveillance. Monitoring should be implemented with specific goals in mind that align with the company’s objectives. For example, if a company wants to optimize productivity, they may implement attention productivity measures. If the company is concerned about security, they may use monitoring to protect sensitive information. It is essential to communicate with employees why monitoring is necessary and how it will benefit the company’s mission and values.
Planning for data storage, retention, and use
Employers must be transparent with their employees about how the data will be collected, used, and stored. This includes having a clear plan for data retention and destruction. If the company is a public entity, this type of data is often considered a public record, which can make data storage and retention even more complicated. Additionally, if the data is used in termination or if there is a video of an accident or assault, employers will need to have methods to preserve data for appropriate lengths of time to avoid litigation issues.
Public record rules
If the employer is a public entity, the data gathered from monitoring employees may be considered a public record. This means that the record is subject to public records law and must be made available for inspection upon request. Employers must take this into account when deciding what type of information to collect and when to destroy it.
Preservation of Data
Employers must have a plan for data retention and destruction depending on the specific monitoring practices they use. If the data is used in termination or legal cases, employers need to ensure that it is preserved for an appropriate amount of time to mitigate litigation issues.
Specific Rules on Biometrics
If employers use biometric data as a form of monitoring, they must be aware of the rules surrounding its collection, use, and storage. Depending on the state, specific rules apply, including requirements for employee consent and notice of biometric data collection.
Legal grounds for monitoring
Employers can have a better legal basis for monitoring employees if they ensure that the employees understand the nature and type of monitoring and sign an acknowledgement. In cases where monitoring is necessary for certain industries’ regulatory compliance, such as healthcare, employers can rely on the law to justify monitoring.
Monitoring employees can have many benefits for employers, such as increasing productivity and protecting sensitive information. However, it’s critical to balance the benefits against the potential negative consequences and legal issues. Employers must implement monitoring with specific goals in mind, transparent communication with employees, and a plan for data storage, retention, and destruction to ensure that both the company and the employees benefit from monitoring practices.