Workplace Privacy and Monitoring: The Quest for Balanced Interests
Ariana R. Levinson
University of Louisville - Louis D. Brandeis School of Law
July 23, 2011
Cleveland State Law Review, Vol. 59, No. 377, 2011
University of Louisville School of Law Legal Studies Research Paper Series No. 2011-12
This article describes some of the difficulties for employers and employees resulting from advancing technology. It briefly describes some of the technology available to employers with which to monitor employees. The article then provides an overview of the primary sources of law governing employer monitoring and employee privacy, such as the Electronic Communications Privacy Act, state statutes providing for notice of monitoring or protection of the integrity of personnel records or lawful off-duty activity, the tort of invasion on seclusion, and the Fourth Amendment. The article concludes by offering suggestions for attorneys who represent employers, employees, or unions and are interested in addressing these issues. Attorneys and their clients can advocate for federal or state legislation, address these issues in collective bargaining or through private policies, or become involved in educational efforts.
Number of Pages in PDF File: 22
Keywords: employer monitoring, employment law
Date posted: July 25, 2011 ; Last revised: February 2, 2012
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