Many businesses have started to adopt employee
monitoring apps to keep administrative costs low, improve efficiency, and
individual productivity. Whether you are a new manager and want to start using
the apps or have applied them for some time, here is the legal side of the apps
that you should know.
There are no federal laws prohibiting staff monitoring
Today, there are no federal laws that prohibit
employers from monitoring their staff. Some human resources experts even argue
that there is “right to privacy” for employees at work. However, companies that
have contracts with federal administrations or public company have some
monitoring rights restricted.
Though there are no fed laws on employees monitoring,
individual states have passed legislations on employee monitoring. Before you
can start monitoring the company's workers, it is important to consult the
state laws and ensure to operate within the legal framework.
Monitoring computer activities
If you want to monitor something from staff such as
emails, applications, or web surfing among others, the law allows it. Courts
have in the past found that employers can rightfully read workers messages and
emails. The only thing you require is a valid reason. Many employers use spyapps such as home tracking software so that they can gather specific
information.
You can also monitor the staff on the network to
establish what they are doing and whether the resources are being used well.
However, if the staff will be coming to work and use their personal phones and
tablets, you will need to create a legal entry point to allow monitoring. A
good way to do this is developing a policy that indicates the personal
computers will be subject to monitoring just the corporate computers.
Phone calls
If the employee is using a business-owned phone, the
employer can listen to conversations taking place. However, you are only
required to monitor calls if they are meant for quality control management. For
example, you can listen to calls to establish whether clients are getting the
right assistance or know if they are handled professionally. Note that even if
the federal laws do not say anything about call monitoring, some states have
instituted major restrictions. For example, California requires employers to
install a beep on employee phones to signal the start of monitoring. Besides,
the employer is required to hang up immediately if he/she realizes that the
call was personal.
Location tracking
Whether you are using iPhone monitoring apps or direct
GPS, the Federal laws are silent. To be on the safe side when tracking
location, consider the following.
· Make sure to
provide tracking equipment such as phones. The expectations of privacy when the
company owns the tracking devices are lower.
· Ensure it is well
included in the business operational policy. The policy covers staff consent
because workers are required to have read and agreed to all the terms. In
addition to this, it is a great idea to remind your staff that their location
is always under watch when on duty.
· Avoid
non-business monitoring. Using the iphone5 apps to spy staff makes it possible
even to follow them when they are not on duty. Such monitoring will be
considered an infringement on personal privacy and the staff can sue.
Knowing the legal side of using monitoring apps is
very important to stay on the right side of the law and avoid unnecessary legal
suits by staff and labor organizations. Remember that you can only succeed in
monitoring staff by selecting the right spy applications and easily installing them
appropriately. Make sure to read through reviews, check for clients feedbacks
and cost implications.
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