A recent study revealed that 80 percent of major companies monitor employees’ internet, phone, and email usage. Although companies want to gauge employee productivity, it does come with certain limitations. The standards for workplace surveillance are set by both federal and state laws, safeguarding employees’ rights.

In this article, our Harrisburg employment law attorneys discuss your rights as an employee and what to do if you believe your employer has overstepped their boundaries.

Electronic Communications Privacy Act of 1986

Under the Electronic Communications Privacy Act (ECPA) of 1986, an employer is prohibited from intercepting an employee’s communications. However, there are two notable exceptions. First, if the employee gives consent. Secondly, if the “wire, oral, or electronic communications” being monitored are part of the employee’s scope of employment.

So, while communications on company-owned devices may be allowed, an employer is generally not permitted to intercept phone calls, texts, or e-mails on an employee’s personal device.

The Pennsylvania Wiretapping and Electronic Surveillance Control Act

The Commonwealth of Pennsylvania also places restrictions on what activity employers are allowed to monitor. Under the Wiretapping and Electronic Surveillance Control Act, an employer cannot record an employee’s conversation without consent. That is because Pennsylvania is a “two-party consent state,” so legally, both parties must be made aware that a conversation is being recorded.

Ways Your Employer Can Monitor You

An employer can gather the following information from your work computer or device:

• The subject, content, and attachments of your emails
• Data from your keyboard and mouse
• Your browser history

Additionally, an employer is legally permitted to do the following:

• Set up a microphone in the office to record conversations
• Install a video surveillance camera to monitor employee productivity
• Utilize remote monitoring software to record video meetings

What to Do If Your Employer Violates Your Rights

If you believe that your employer has violated your rights, you should contact the Pennsylvania Department of Labor and Industry. If your employer broke federal law, then you can file a complaint with the U.S. Department of Labor.

After taking this initial step, the next call should be to a Harrisburg employment law attorney. While you may be sure that your boss violated your privacy, an employment law attorney will assist you in gathering evidence to determine if your employer broke additional laws.

How Can a Harrisburg Employment Lawyer Help Me?

If you have been the victim of unfair working conditions, it is important that you reach out to a Harrisburg employment lawyer. An employment law will offer you advice, investigate, and even attempt to resolve the matter between you and your employer.

Not all workplace issues are taken to court. Litigation costs time and money, so that is something that we will not consider until other avenues have been explored.

Victim of Unfair Working Conditions? Speak with Our Harrisburg Employment Lawyers

At one time or another, we have all dealt with difficult bosses. At the same time, your employer does have the right to monitor your work activity, which only applies to a certain degree. If you believe that your rights have been violated, now is the time to speak with our Harrisburg employment lawyers. To schedule your consultation, please call us at 717-231-5219 or by contacting us online.