Employee privacy: Federal

Summary

This guide provides HR professionals with guidance on compliance with federal laws and best practices with respect to privacy in the workplace. It covers employee monitoring rights and restrictions, managing employees’ privacy expectations, types of monitoring, employee use of their own devices at work (bring your own device), wearable technology devices, social media monitoring, application and interview inquiries, employee testing, continuous monitoring and background checks, and safeguarding employee information.

In this guide, learn about:

• Monitoring and protecting employee privacy
• Limitations on the right to monitor employees
  • Privacy Act of 1974
  • Electronic communications privacy act
  • Stored communications act
  • Patriot Act
  • Employee polygraph protection act of 1988
  • National labor relations act
  • Defend trade secrets act
• Managing employee privacy expectations
  • Employee handbooks
  • Other notices
• Types of monitoring
  • Searches and surveillance of employees and employee property
  • Electronic monitoring and surveillance
  • Computer and internet monitoring
  • Computer fraud and abuse act (CFAA)
• Bring your own device (BYOD)
• Wearable technology devices
• Monitoring use of social media networks
  • Protecting against unlawful conduct
  • Encouraging respectful conduct
  • Maintaining a productive workplace
  • Protecting the employer’s reputation
  • Respecting and protecting employee free speech
  • Social media and protected concerted activity under the national labor relations act
  • Drafting and enforcing a social media policy
  • Being careful about requesting employee personal social media information
  • Maintaining ownership of work-related social media accounts
• Application and interview inquiries and the right to privacy
  • Background checks
  • Fair credit reporting act
  • Medical testing and physical examinations
  • Drug and alcohol testing of applicants
  • Arrest and conviction records
  • Testing of employees
  • Drug and alcohol testing
  • When testing is permissible
  • Types and timing of testing
  • Scope of testing
  • Methods of testing
  • Legal issues surrounding drug testing
  • Psychological testing
  • Polygraph testing
  • Physical examinations
  • AIDS testing
• Continuous monitoring and background checks
• Recordkeeping and safeguarding employee records and confidential information
  • HIPAA privacy requirements
  • Genetic information nondiscrimination act
  • Protecting employee personal and confidential information
• Future developments
• State requirements
  • Your preferred states

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