Workplace Surveillance: Are Your Boss’s Tracking Tools Legal?
From security cameras to keystroke logging, workplace surveillance is on the rise. But how much monitoring is too much? And what rights do California employees have when it comes to being tracked on the job?
Let’s dive into the rules that protect you.
What Is Workplace Surveillance?
Workplace surveillance can include:
- Video monitoring (security cameras)
- Email and internet usage monitoring
- GPS tracking on company vehicles
- Monitoring software that tracks your computer activity or even screenshots your work
Employers often justify surveillance to boost productivity or protect company assets—but in California, employee privacy rights create important limits.
Key California Employee Privacy Protections
California’s laws strongly favor privacy. Under the California Constitution, employees have a right to privacy, even at work.
Employers must generally:
- Notify employees about any monitoring
- Avoid surveillance in private areas like bathrooms or break rooms
- Ensure monitoring is work-related and not unnecessarily invasive
Secret or overly intrusive monitoring could violate California law and open employers up to lawsuits.
What About Personal Devices and Off-Duty Hours?
Monitoring personal devices without clear consent is almost always illegal. GPS tracking your phone outside of work hours could also be a violation of your rights.
Under California law:
- Employers can require work-related apps on personal devices only with employee consent.
- You have a right to reimbursement for work use of personal devices (under Labor Code §2802).
Signs Your Privacy May Be Violated
- You’re not informed about surveillance methods
- You’re tracked outside of work hours without permission
- Monitoring is excessive and not clearly tied to business needs
What to Do If You Suspect Illegal Monitoring
- Ask for a copy of your employer’s surveillance or monitoring policy.
- Document any suspicious or overly invasive practices.
- File a complaint with the California Department of Industrial Relations or consult a labor attorney.
Protecting your privacy at work is not just about comfort—it’s about your legal rights.
