With the rise of remote work, both during the COVID-19 pandemic and afterward, employee internet usage has become one of the most important issues facing the employee-employer relationship. As technology has evolved, the use of the internet is absolutely vital to communication, conducting business, and even making employment decisions. But the nature of the data that can be collected through monitoring internet usage is extremely sensitive, and must be taken seriously.
To address these concerns, California laws provide limitations on just what data employers can monitor and collect on its employees. The law is relatively new, so it is still evolving in its own right. Still, if an employee feels that their privacy has been violated, they should not hesitate to reach out to the experienced team of employment lawyers at Maison Law for help.
The California Workplace Technology Accountability Act
The California law that governs the monitoring of employees’ internet usage was proposed as an amendment in April 2022. The bill, AB-1651, was introduced under the title of the California Workplace Technology Accountability Act. The act lays out what limits to what employee data that employers and related vendors can collect. Because the term “data” is broad and complex, the bill seeks to define and itemize exactly what employee data is. Under the law, employee data refers to any information that identifies, relates, or is associated with a particular worker. In practice, employee data could include:
- Personal identity
- Biological information
- Health information
- Medical history and status
- Lifestyle information
- Workplace activities
- Online information
While the law does allow for employers to collect data on employees, there are some strict requirements that employers must follow, including:
- How the employer plans to collect and use the data prior to its collection.
- The specific categories of employee data that will be collected.
- The purpose for collecting or using the data.
- How the employer will use the data to make or assist in making employment-related decisions.
- Whether the employer will disclose or transfer the data to a third party
- The name of the third party
- The purpose and disclosure of the transfer of data to the third party a
- How the data relates to the employees’ essential job functions.
What Do Employers Monitor Electronically in California Workplaces?
While the law covers which data the employer can collect, some employees may not be aware of what exactly the employer will do to actually collect the data. Usually, employers monitor data usage in the following ways:
- Tracking keystrokes and mouse movements.
- Remotely utilizing webcams to photograph computer screens
- Monitoring and collecting workers’ communication, email, and social media accounts.
- Using artificial intelligence (AI) to detect when employees are not present at their desks during work hours.
- Permitting employees to click “break” buttons for lunch breaks or bathroom visits.
Again, just because employers can track employees electronically virtually at-will doesn’t mean the employee has no right to privacy. In fact, the employees right to privacy is protected by the California constitution, and it certainly applies to being monitored electronically in the workplace.
What Can an Employee Do About Employer Monitoring?
Even though the online activity of every employee is likely being monitored by their employer, especially on company-issued devices, the employee still has a right to privacy. When employers go too far with monitoring their employees’ electronically or otherwise violate their employees privacy by not disclosing that their data is being collected, employees have every right to file a lawsuit for damages.
California employees who suffer privacy violations are entitled to recover the resulting compensatory damages for the harm resulting from privacy invasions, including:
- Lost wages
- Emotional distress damages
- Damages for loss of reputation or enjoyment of life
Additionally, the employee may be able to recover punitive damages for an invasion of privacy claim if they can prove that the employer acted in the following ways in their collection of the data:
- Maliciously
- Recklessly
- Negligently
Punitive damages are designed to punish the employer for their actions, and usually involve monetary payments on top of the other damages the employee would recover.
Skilled and Experienced California Employment Lawyers
The right to privacy, especially when it comes to being electronically monitored by an employer, is one of the most treasured rights provided to employees by California law. Maison Law, and its founder, attorney Martin Gasparian, know how important privacy is to every California worker. Their firm is proud to stand up for employees and hold employers accountable when they violate this important right. In the event that an employer has violated privacy rights, contact Maison Law today to set up a free consultation.
