Electronic Monitoring in the Workplace: What You Should Know
by Conor J. McLaughlin, J.D. Candidate May 2017, Quinnipiac Univ. School of Law
In the wake of the modern world, electronic surveillance has almost become a standard norm. Regardless of whether these developments in oversight make you comfortable, or have you reaching for your tinfoil hat, the law has strict requirements over the use of surveillance in the workplace. According to Connecticut General Statute § 31-48d, Employers engaged in electronic monitoring are required to give prior notice to employees.
The law applies to all employers, and includes “any person, firm or corporation, including the state and any political subdivision of the state which has employees.” This means that regardless of whether your workplace is private, non-profit, or public, all employers “shall give prior written notice to all employees who may be affected, informing them of the types of monitoring which may occur. Each employer shall post, in a conspicuous place which is readily available for viewing by its employees, a notice concerning the types of electronic monitoring which the employer may engage in. Such posting shall constitute such prior written notice.” In other words, the law mandates that an employer notify you of possible surveillance, including where and when it may occur.
Like all good law, General Statute § 31-48d is not without its exceptions and possible loopholes. An employer with reasonable ground to believe an employee is engaged in illegal or hostile conduct may produce evidence of such conduct produced by surveillance without giving prior written notice. In other words, this requirement is moot so long as the employer’s excuse relates to a legitimate concern that an employee is violating the law, or contributing to a “hostile work environment”
If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: Connecticut General Statute § 31-48d
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