With the rise of remote work and hybrid work, many employees enjoy the flexibility of working from home. However, this shift has also raised concerns about employer surveillance. Can US employers legally monitor employees while they work remotely? What rights do employees have when it comes to privacy? Understanding the legal framework around workplace surveillance is important for both employees and employers navigating the remote work era.

Employee monitoring is not new, but the expansion of work-from-home (WFH) arrangements has led to increased use of tracking software, keystroke loggers, and webcam monitoring. While employers may justify this surveillance as a way to boost productivity and maintain security, employees may feel their privacy is being invaded. We explore the legal boundaries of workplace surveillance, employee rights, and what steps workers can take if they believe they are being unlawfully monitored in the following article.

If you believe your rights have been violated, please contact Brandon J. Broderick, Attorney at Law to consult with one of our knowledgeable Employment Law Attorneys. We can discuss your case and help you determine your legal rights.

How Employers Monitor Remote Workers

Many companies use digital tools to monitor employee activity while they work remotely. These tools can track:

• Keystrokes and Mouse Activity – Some software logs keystrokes or detects idle time to determine whether employees are actively working.
• Screen Monitoring and Screenshots – Employers may require employees to install software that periodically takes screenshots of their screens.
• Webcam Monitoring – Some remote jobs require employees to keep their webcams on during work hours.
• Internet and App Usage Tracking – Employers may monitor which websites and applications employees access while on company devices.
• GPS Location Tracking – If employees use company-issued devices, employers may track their location.

While these practices may seem invasive, US laws generally allow workplace surveillance—within certain limits.

Is Employee Monitoring Legal in the US?

Federal Laws on Workplace Surveillance

There is no single federal law that strictly prohibits employers from monitoring remote employees. However, several laws set boundaries on what employers can and cannot do:

• Electronic Communications Privacy Act (ECPA) of 1986 – This law allows employers to monitor employee communications if they have a legitimate business reason or if employees have consented to the surveillance. Employers generally have the right to monitor emails, messages, and internet usage on company-owned devices.
• Stored Communications Act (SCA) – Employers cannot access personal accounts or communications stored on private devices without employee consent.
• Computer Fraud and Abuse Act (CFAA) – This law prohibits unauthorized access to private systems. If an employer accesses an employee's personal computer or phone without permission, they may violate the CFAA.

State Laws and Employee Privacy Protections

State laws vary widely regarding workplace surveillance, and some states offer stronger privacy protections than others. For example:

• California – Requires employers to notify employees before monitoring electronic communications.
• Connecticut – Mandates written notice to employees if their electronic activities are being monitored.
• Delaware – Employers must inform employees of any electronic monitoring in the workplace.

If an employer is monitoring remote employees without notification, they may be violating state privacy laws.

Can Employers Monitor Personal Devices?

Many remote employees use their personal computers, phones, or Wi-Fi networks for work-related tasks. This raises an important question: can employers legally monitor personal devices?

Generally, employers cannot monitor an employee’s personal device without consent. However, if an employee is using company-issued software or logging into a corporate network, the employer may have the right to track activities related to company data.

To protect their privacy, employees should:

• Use separate devices for personal and work-related activities.
• Avoid accessing personal emails, banking apps, or private accounts on company-provided devices.
• Review their employer’s remote work policies to understand what monitoring tools are being used.

Employee Rights and What to Do If You Feel Violated

If you suspect that your employer is violating privacy laws, there are steps you can take:

1. Review Your Company’s Monitoring Policy

Most companies have an employee handbook or IT policy outlining their monitoring practices. If your employer has not provided clear guidelines, you have the right to ask for clarification.

2. Check State Laws on Employee Privacy

Depending on where you live, you may have state-level protections against certain types of surveillance. If your employer is monitoring you without notice and state law requires consent, they may be acting unlawfully.

3. Secure Your Personal Data

To minimize employer access to your personal information:

• Use a VPN when working remotely.
• Log out of work accounts after hours.
• Turn off company tracking software when not working.

4. Contact an Employment Law Attorney

If you believe your employer is violating privacy laws or engaging in unlawful surveillance, consulting an attorney can help. An employment lawyer can evaluate your case and advise on legal options.

Call Brandon J. Broderick For Legal Help

While employers have the right to monitor work-related activities, employees also have privacy rights that should be respected. If you feel that your employer has crossed the line into unlawful surveillance, it’s important to understand your legal protections. At Brandon J. Broderick, Attorney at Law, we help employees navigate workplace privacy laws and fight for their rights. If you believe your employer is spying on you unfairly, contact us today for a free consultation to discuss your legal options.