Is Remote Work Time Tracking Legal? 4 Signs You Are Monitored (2024)

Working remotely gives employees more freedom, but some employers still feel the need to track how employees spend their working hours. Erika Rykun of Booklyst delves into four telltale signs that your employer monitors you via remote work time tracking apps.

Remote working, or working from home, has already had its share of fame over the past decade. Still, it wasn’t until the COVID-19 pandemic hit that employers and employees alike explored the full potential and probability offully remote jobsand contracting talent miles away.

With the steep rise of the workforce choosing to work from home, employers have turned to time and management apps. These tools aim to ensure that teams perform and hours are rendered as intended for maximum productivity and efficiency — whether through synchronous orasynchronous communication. However, some employers are taking a dark turn with these time-tracking apps — some heavily abusing the monitoring features of these applications and transforming employers into micromanagers.

Is Time Tracking Legal?

Many organizations heavily use productivity apps with time-tracking features or time-tracking apps alone to monitor the time employees work throughout the day. Flexible employers allow remote teams to track time at their own pace. However, some take advantage of the features of these applications to strictly monitor employee activity while the time tracker is running.

Some of these features include:

  • Distraction alerts
  • Website and application usage
  • Website and chat monitoring
  • Real-time screenshots and recordings of employee activity

While employers usually inform teams about monitoring their activity(and they should!), some team managers fail(or purposely do so)to educate their teams, which raises the question: Is this even legal? How do I know I am monitored when my employer doesn’t tell me?

From a judiciary perspective, workplace monitoring is legal, subject to the expectations that it is made known to employees that their work is being monitored. This monitoring should also fall within business interests and not for personal matters, in which jurisdictions could interpret its legality differently.

Amy De La Fuente, Director of Public Affairs at Bosco Legal Services

Signs Your Employer Is Monitoring You

Employers purposely not informing their employees about activity monitoring can significantly drop their performance morale. Employees of the modern age are highly averse to micromanaging. Even if employers intend to micromanage, they must properly communicate this to the team at the start of the engagement.

Logan Mallory, VP of Motivosity

Are you remotely working with no information on your activity being monitored? Here are some telltale signs your employer is watching your every move:

Unknown Programs Installed

First things first, is your work computer provided by your company? Then the chances of it being heavily monitored are highly likely.

Employers can pre-install employee monitoring or device mirroring programs to check your computer activity. To find out, check your installed programs through your computer’s settings and browse the list of programs you have. Uninstall any program you have not installed yourself or any suspicious and unknown programs that may compromise your privacy.

This scheme is highly rampant in using remote desktop applications. Specifically, they can allow any PC with that app to access another person’s computer using the same app using a unique code, even without having to grant access or input a password.

Slow computer Performance

There could be many reasons for slow computer performance. These include too many background apps running, too many browser tabs open, low storage and memory, and even computer viruses. If you have addressed all of these concerns, you might want to check back on the applications running when your computer is on.

To do this, open the Task Manager as follows:

  • Press and hold CTRL, Shift, and ESC keys using your Windows keyboard shortcuts, then release.
  • You can also search for Task Manager in Windows Start
  • For Mac, open Spotlight by pressing CMD + Space, then type and search for Activity Monitor — the Mac equivalent of Task Manager.

Check all running applications on Task Manager/Activity Monitoring and close or end any running background apps unknown to you. Doing this will not only end suspicious tasks but significantly speed up your computer as well.

Employees often take security and privacy for granted to retain a job and a constant stream of earnings. What they don’t realize, however, is how this rampant practice among employers and micromanagers is affecting employees’ attitudes toward work. We believe this should not be normalized, and employees should be given the security and privacy they deserve, especially at home.”

Janelle Owens, Human Resource Director of Test Prep Insight

Your Webcam Light Is On

When your webcam is in use, a light beside the camera will usually turn on to indicate that you are being recorded. When this turns on without you initiating the action during work, this is a common sign of surveillance.According toNL Times, a Dutch ruling on the case of Chetu, a Florida-based company, ruled in favor of the complainant in that monitoring employees through a webcam is a violation of human rights and is an unreasonable intrusion of privacy.

Examine Your Productivity Applications

Employers often require you to install productivity and time-tracking applications to ease communication, centralize work processes, and delegate duties. Someremote employee trackingapps, however, are not merely productivity apps or time monitoring programs. They also monitor all computer activity.

These applications can allow your employer to:

  • Screenshot computer screen
  • Screen record computer activity
  • Gather data from your keyboard and mouse activity to determine if you are ‘slacking.’
  • View all applications, programs, and tabs open
  • Monitor chat activity

If you are not aware of such features being used by your employer, you can carefully research the applications, together will all features. These are usually readily available on the website.

If your employer requires you to install certain applications for productivity’s sake, researching these apps will help you be aware of how your employer can monitor your activity, which will help you act during work hours accordingly.

TheElectronic Communications Privacy Act (ECPA) of 1986is one of employees’ common-law protection against invasive workplace monitoring. While employees are granted exceptions in the form of ‘business purpose,’ they should be required to disclose such activity to their employees under the ‘consent’ exception to avoid violating the ECPA.

Mark Pierce, CEO of Colorado LLC Attorney

Where Do We Draw the Line Between Employee Monitoring, Micromanaging, and Illegal Tracking?

The difference between simple employee activity monitoring, micromanaging, and borderline illegal tracking is a thin thread. The same case goes for identifying whether the ‘monitoring’ is a productivity measure or an invasion of an employee’s privacy.

While it is difficult to differentiate, employee monitoring is generallylegal, subject to the terms and conditions set forth by the law under the ECPA or its equivalent in other countries. As an employee, you can be vigilant and stay alert on signs that could tell if your employer monitors your activities with or without your consent. When the privacy line is crossed, elevate your concerns to management, or consult proper authorities.

Is Remote Work Time Tracking Legal? 4 Signs You Are Monitored (4)

Author Bio

Erika Rykun is a career and productivity copywriter forBooklystwho believes in the power of networking. In her free time, she enjoys reading books and playing with her cat, Cola.

Is Remote Work Time Tracking Legal? 4 Signs You Are Monitored (5)

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Is Remote Work Time Tracking Legal? 4 Signs You Are Monitored (2024)

FAQs

Is remote employee monitoring legal? ›

The Electronic Communications Privacy Act (ECPA) and the Stored Communications Act play significant roles in governing electronic monitoring activities on company-owned devices. These laws allow employers to monitor all activities carried out on company computers, even when employees are working remotely.

Do companies have to tell you if they are monitoring you? ›

Legal experts recommend that organizations notify their employees of the monitoring and get a written confirmation of consent. The Electronic Communications Privacy Act of 1986 (ECPA) and the common law protections against invasion of privacy have put some restrictions on workplace monitoring.

How do you know if you are being monitored at work? ›

Signs Your Employer Is Monitoring You
  • Unknown Programs Installed.
  • Slow computer Performance.
  • Your Webcam Light Is On.
  • Examine Your Productivity Applications.
Apr 14, 2023

How can you tell if your computer is being monitored? ›

Unusual Computer Behavior:If your computer starts behaving strangely, such as frequent crashes, slowdowns, or unresponsive programs, it could be a sign of malware or spyware. Unexplained Network Activity:Monitor your network activity. If you notice unexpected data transfers, it may indicate unauthorized access.

Can I sue my employer for spying on me? ›

Employee Monitoring Under California Law

Under the California Constitution, employees have the right to sue their employers for privacy infringements, so long as evidence exists to demonstrate that the act violated the employee's reasonable expectation of privacy.

Is employee monitoring an invasion of privacy? ›

California's Electronic Communications Privacy Act (CalECPA) prohibits employers from accessing employees' personal email and electronic communications without consent. Employers must notify workers of any electronic monitoring and obtain their consent unless it is necessary for business-related purposes.

What protection do you have against being monitored by your employer? ›

The two main restrictions on workplace monitoring are the Electronic Communications Privacy Act of 1986 (ECPA) (18 U.S.C. Section 2511 et seq.) and common-law protections against invasion of privacy.

Do remote jobs monitor you? ›

Three years later, employee tracking via tools like video feeds and keystroke monitoring software are in fact the norm, according to a new survey of 1,000 companies with remote or hybrid workforces. Only 10% of remote companies monitored employees before the COVID-19 pandemic.

Is it illegal for your employer to track you? ›

It's a criminal invasion of privacy in California to use GPS tracking to determine the location or movement of a person without their consent. Employers should notify employees of GPS tracking devices and gain their consent. This applies even for company-owned vehicles.

How do you know if someone is monitoring you? ›

Signs that your phone is being tracked
  • Increased data usage. ...
  • Phone shows activity when not in use. ...
  • Charged battery drains rapidly. ...
  • New, unknown apps on your device. ...
  • Weird status icons. ...
  • Phone works slower than usual. ...
  • Unusual and strange permission requests. ...
  • Phone freezes or abruptly turns off.

How do you get around employee monitoring? ›

Concealing Activities from Time Trackers

Workers may use a different, unmonitored computer for work or focus on personal projects during business hours to avoid being tracked. Businesses should use time-tracking software with activity monitoring and screenshot features to prevent this.

How do I know if my work email is being monitored? ›

Employers are free to monitor these communications, as long as there's a valid business purpose for doing so. Many companies reinforce this right by giving employees written notice (for example, in an employee handbook) that their work email isn't private and that the company is monitoring these messages.

Do companies have to tell you if they monitor your computer? ›

Your employer has an obligation to keep any files and records generated from monitoring activity confidential and securely stored. Before your employer can monitor your activity legally, they need to notify you that you're being monitored and get your signed consent.

Can my work laptop be monitored at home? ›

Your employer may collect data from keyboards, webcams, mouses, the websites you go to, and even your emails on work-issued devices if it's in your employment agreement. Many employers thankfully look at the data as a whole, rather than on an individual level.

How to check if a laptop is managed by your organization? ›

There are a number of ways to check if a computer is being managed through the Endpoint Management Tools service. Here are two easy ways. You will see Software Center listed in the Windows Start menu. You will see Configuration Manager as an item in the Windows Control Panel.

Is it legal to monitor employees without their knowledge? ›

Only in four states, including Connecticut, Delaware, Texas, and New York, the employer is required to notify the staff about implementing monitoring software. Employee monitoring laws in the US permit employers to monitor workers without their consent in the majority of states.

Can my employer monitor me at home? ›

Conclusion: Your Boss Can Legally Monitor Any Activity on a Work Computer or a Work Network. As you now know, your boss can monitor almost anything you do during the day - whether you're working remotely or have returned to the office.

What states have employee monitoring laws? ›

At the federal level, there are no legal requirements for employers to notify their employees about the use of monitoring tools. Employers can legally monitor their employees without prior consent. Still, in several states such as Connecticut, Delaware, Texas, and New York the situation is different.

Do employers have a legal responsibility for employees who work remotely? ›

A remote worker receives the same protections and rights as an in-person worker under California law. California employers must ensure compliance for employees working remotely, which includes meal and rest breaks, overtime, paid time off, and any other rights specific to job performance or location.

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