Employee Monitoring: The Workplace's Double-Edged Sword
Ever feel eyes on you in the office? A new trend called Employee Monitoring might be why. It doesn’t take a genius to understand what it is; simply put, it tracks employees during working hours and collects data on all activities. Anything from keeping tabs on emails and surfing the web, seeing where you are through your GPS location, or even using video surveillance and recorded audio to analyse workplace interactions.
You’re probably thinking, “Wow, that’s an invasion of privacy”, and man, you would be right. That seems a little too much like something Big Brother would want for my liking. But don’t worry, you aren’t alone in your thinking. Critics of Employee Monitoring have deemed it creepy and destroys trust between employers and employees.
However, companies see it differently. They defend themselves, saying this helps them boost productivity, stops time theft, prevents data leaks, ensures compliance with their policies (and laws), and even protects them from legal liabilities when things go wrong in the workplace. With such a divide in opinions between employers and employees, it’s easy to picture this as a hot topic for debate at any company gathering or water cooler corner chat.
Why Do Employers Monitor Employees?
Let's look at how employers find it rational to monitor their employees.
Efficiency Wins
The number one reason for employers is the desire to increase efficiency. Employers want everyone to be focused and work during paid hours. Employees who can’t seem to do their job only waste time and company resources as they go through the motions, with excessive personal internet usage, long breaks or non-work related banter.
They monitor their activities, such as app usage, website visits, email, etc. Employers can identify where time is going and help coach underperforming employees or revisit policies to save time for the workforce.
Data security and compliance
In this day and age of everything being connected, data leaks are a massive issue that companies must protect themselves from at all costs. If sensitive information ends up in the wrong hands, it could be caused by accidental oversharing or malicious theft by an employee.
Sectors such as healthcare and finance also have stringent data privacy laws they need to follow. Monitoring tools can help track activities covered by these regulatory frameworks so companies don’t get fined out of existence.
Liability Protection
Like any business, employers want every possible way to protect their investment against lawsuits caused by employees' actions. This could range anywhere from offensive or harassing messages/emails, illegal activities like copyright infringement, or even just inappropriate use of laptops and devices given out for work purposes only.
By tracking communications and internet activity, employers can spot red flags before they escalate into something worse. This also provides evidence for court cases should things progress that far.
Productivity Analytics
Recently, some employers have started using monitoring data in ways you would never suspect. For example, software that analyses how often each employee interacts with their computer in specific ways helps assess patterns that may point towards inefficiency.
This “workforce analytics” approach optimises processes across teams by identifying bottlenecks and skill gaps that require training. With this same software, companies can identify their highest-performing employees from whom others can learn best practices.
How Do Employers Monitor Employees?
Now that we understand the “why”, let's look at specific techniques and tools used for employee monitoring in the modern workplace.
Software Monitoring
- Internet monitoring to track website visits, uploads/downloads
- Monitoring emails, messaging apps, and other communications
- Logging keystroke activity and taking screenshots
- Tracking active computer time and app usage
It is frequently achieved through installing monitoring software or browser extensions on company devices.
Network Monitoring
- Analysing network traffic data (emails, messages, file transfers etc.)
- Using firewalls and web filters to block restricted sites/content
Video Surveillance
- Security cameras are used in offices, workspaces, warehouses, etc.
- AI-powered video analytics are increasingly used to detect inappropriate behaviour or safety violations.
Location Tracking
- Tracking company vehicles or field employees' movements via GPS
- Monitoring smartphone location data of employees carrying company-issued devices
An emerging trend is wearable devices like ID badges or armbands to track employee location, movement, and interactions within the workplace. Some even monitor physiology like stress levels!
Productivity Scoring
Through advanced workforce analytics tools that measure metrics like active work hours, idle times, websites visited, editing activity, and much more — employees can receive automated productivity scores or rankings.
Employee Monitoring Statistics
To give you a sense of just how widespread and rapidly growing the employee monitoring market is:
- A 2022 survey found that 60% of companies with office workers use non-video monitoring techniques.
- 27% use video monitoring and recording of employees
- The global employee monitoring software market was valued at $788 million in 2021 and projected to hit $1.5 billion by 2027
- An American Management Association study in the US revealed that 80% of significant companies monitor emails, internet usage, and computer files.
- Nearly 30% have fired employees for violating email and Internet policies
- And around 80% of employees say they've experienced workplace monitoring to some degree.
If you work for a decent-sized corporation, there's a very high chance you're being monitored in multiple ways as you read this!
The Pros of Employee Monitoring
Okay, those are some essential employee monitoring methods and statistics. But what do employers tout the actual upsides? Here are some of the significant advantages:
Productivity Boost
The core argument is that by cutting out time wasted on non-work activities and keeping employees focused, monitoring policies can lead to significant productivity gains across the organisation. One software firm claimed their monitoring tool increased employee productivity by 30-40%.
Greater Data Security
Another big pro is the ability to clamp down on significant risks of data breaches or leaks of sensitive information that could cripple a business. Many high-profile and costly cases have occurred due to rogue employees.
Legal Protection
Comprehensive tracking can provide critical evidence to defend against claims of workplace harassment, IP theft, or other liabilities. It shows that the company was proactive about enforcing policies.
Monitor Remote Workers
In our increasingly remote workforce, monitoring software gives visibility into off-site activities that would otherwise go untracked. This helps manage a decentralised workforce.
Optimise Processes
The workforce analytics capabilities allow companies to uncover process inefficiencies, identify training needs, and learn from top performers — ultimately streamlining operations.
Ensure Regulatory Compliance
For industries like finance and healthcare, monitoring is essential to comply with strict data privacy laws and regulations around handling sensitive customer information.
The Cons of Employee Monitoring
It's not all rosy, however. Employee monitoring is an immensely controversial practice, with plenty of critics citing significant potential downsides:
Privacy Invasion Concerns
This is the most considerable beef — many view monitoring as a severe invasion of privacy that strips employees of any sense of personal space, even during work hours. It can feel like your employer is unjustly distrustful and scrutinising your every move.
Morale and Motivation Killers
Studies suggest excessive monitoring can tank employee morale, motivation, creativity, and job satisfaction. It breeds an atmosphere of distrust, stress, and resentment unlikely to foster engaged productive teams.
False Positives and Bias
Monitoring systems that rely on metrics like website visits, app usage, etc., can falsely flag legitimate work-related activities as unproductive behaviour. There are also concerns about biased monitoring systems against certain employees or demographics.
The Bathroom Break Conundrum
One rather uncomfortable issue is the legality and ethics around monitoring bathroom breaks. Many workers feel this is an unacceptable overstep into extreme privacies that should be off-limits.
Data Security Paradox
Ironically, widespread monitoring that hoovers up immense volumes of sensitive employee data can potentially create new vulnerabilities and compliance risks for that data if not adequately secured.
An Erosion of Trust
Fundamentally, employee monitoring signals a lack of trust that can be highly demoralising and counterproductive. Many argue that a mutual trust and respect culture is far more conducive to a productive workforce.
Legal and Privacy Considerations
Employee monitoring is a legal minefield that employers have to tread very carefully through. Here are some of the critical legal and privacy issues to be aware of:
State Laws
Things get murkier with a patchwork of state laws that can restrict or require specific protocols around monitoring. For example, states like Connecticut and Delaware require employees to be notified about monitoring.
California requires consent for non-business portions of a communication to be monitored. And states like Florida and Colorado don't allow recording of in-person conversations without permission from all parties.
EU and International Privacy Laws
In the European Union, monitoring practices must comply with strict data privacy laws like the GDPR, which gives employees more substantial rights over their data. Many non-EU countries also have their own data privacy regulations on the books.
Balancing Act
So employers must carefully review and navigate all relevant federal, state/provincial and local laws. Designing legally compliant monitoring policies that respect reasonable privacy expectations without overstepping is a constant balancing act. Lawsuits and heavy fines can result from violations.
Implementing Employee Monitoring Responsibly
Given all the pros, cons and legal pitfalls, what are some best practices for implementing employee monitoring programs in an ethical, transparent and impactful way?
Be Transparent
First and foremost — no secret monitoring policies! Through clear policies, employees must be fully aware of what data is being collected, how it's being monitored, and for what specific purposes. Hidden surveillance is a surefire way to erode trust.
Establish Reasonable Boundaries
Clearly define acceptable workplace behaviour standards and boundaries around personal internet and communications use. Apply monitoring judiciously to only those activities and metrics directly relevant to legitimate business needs.
Training and Communication
Don't just roll out a monitoring policy and expect perfect compliance overnight. Provide thorough training to educate employees on the rationale and processes. Encourage an open dialogue to address any concerns.
Data Handling Protocols
Implement robust data governance and security protocols for responsibly collecting, storing, accessing and deleting any employee monitoring data to maintain privacy and compliance.
Human Oversight
Monitoring systems driven solely by automated algorithms and metrics can produce flawed results or exhibit bias. There must be an element of human judgement, discretion, and ability to investigate context.
Video Monitoring Best Practices
For video surveillance, specifically:
- Disclose monitoring areas with proper signage
- Don't monitor private areas like bathrooms or break rooms
- Use video monitoring only for legitimate security and safety purposes
- Avoid continuous recording and access video only when incidents occur
Finding the Right Balance
Employee monitoring is a double-edged sword. It could provide productivity boosters, data security, legal protection, and process optimisation if used judiciously and transparently.
But if you push excessive surveillance without any guideposts, it can severely undermine morale, privacy, and trust. It could also cancel out any of those productivity gains.
There’s no one-size-fits-all solution because every workplace carries unique priorities and risks to weigh in. Every workforce expectation should be considered, along with the cultural dynamics they share. Companies must evolve as technologies, regulations, and workforce expectations change.
Employee Monitoring FAQs
Is it legal for an employer to monitor my emails and internet activity?
In most cases, yes, but only if you’re well aware of your monitoring policies; however, federal and state laws still restrict consent or prohibit monitoring certain types of employee communications.
Can my employer monitor me while working from home?
Yes, they can do that. Many companies use other techniques to track employee activity remotely on company devices, just as they would for workers at the office.
Do I have any privacy rights regarding employee monitoring?
You generally have reduced privacy expectations while using company equipment/networks or on company time. But remember that reasonable monitoring shouldn’t extend into excessive surveillance, especially in personal activities or spaces.
Can my employer monitor my social media accounts?
Employers can monitor any social media activity on company devices or networks during work hours. However, monitoring personal social media accounts will likely violate privacy laws if it's done on an employee's own devices/networks.
Is video recording and monitoring of employees legal?
Video surveillance is usually allowed as long as it’s not in private workplaces. Private areas like bathrooms are almost always prohibited, but consent may be required depending on the state/country.
What about monitoring tools that track mouse movements, keystrokes and screenshots?
These invasive monitoring techniques that essentially “look over the employee's shoulder” raise significant privacy concerns. Some states outright ban private sector employers from using keystroke logging tools. Other laws require explicit consent from employees.
Are there any employee protections against excessive monitoring?
While no overarching federal laws restrict employee monitoring in the US, some state laws provide workers more privacy protections. Additionally, the National Labour Relations Act prohibits monitoring in ways that could interfere with protected employee activities, like discussing working conditions.
How long can employers store monitoring data on employees?
Data retention policies vary, but best practices dictate only monitoring data for legitimate, specific timeframes tied to the original monitoring purpose (ex, 30 days for reviewing productivity metrics). Indefinite or excessive retention could violate privacy laws.
Is it legal to electronically monitor employee conversations and phone calls?
Laws around monitoring telephone calls and in-person conversations can be complex, often requiring consent from at least one or all parties in some states. Consult specific state laws and legal counsel.
Can employee monitoring data be used as evidence in court?
Yes, businesses have successfully used monitoring data as evidence to defend against lawsuits like harassment claims or IP theft accusations. However, the data must be appropriately collected and retained according to relevant privacy laws.
Should I be monitoring minor workers differently?
Laws that protect children prohibit listening or recording audio of conversations with minors in some cases. Don’t record videos that might include minors in the background. Make sure you follow other labour laws about monitoring minors, too.
Are there alternatives to traditional employee monitoring?
Some companies are looking into less invasive “monitoring” through data-based productivity-measuring tools that analyse objective metrics like code output for developers. Others are focused on building trust rather than surveilling their employees. But most bosses aren’t ready to give up traditional monitoring just yet.
The post Employee Monitoring: The Workplace’s Double-Edged Sword is by Stuart Crawford and appeared first on Inkbot Design.
