Monitoring communications? Know legal pitfalls

Employers that want to monitor their employees' electronic communications, regardless of whether the workers are on the clock or using company equipment, must proceed with caution, attorneys say.

They point out that case law is still developing in this area as courts struggle to adapt longstanding law to new technology with regard to employees' expectation of privacy.

But precisely worded policies covering workers' use of e-mail while on the job, respecting employees' First Amendment rights and avoiding any effort to inappropriately access nonpublic forums can significantly mitigate employers' liability risk, observers say.

Observers note that in most cases, state laws, which vary, apply to privacy issues. Federal laws that may apply include the Stored Communications Act, which imposes penalties for clandestinely accessing information held in electronic storage; the Electronic Communications Privacy Act, which makes it illegal to intercept or retrieve electronic communications in certain instances; the federal Wiretap Act, which governs the privacy of oral and wire communications, and the National Labor Relations Act, which covers collective bargaining and other employer and employee rights.

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Source: businessinsurance.com
By: Judy Greenwald