{"id":4736,"date":"2016-04-04T10:47:41","date_gmt":"2016-04-04T15:47:41","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/monitoring-employees.html"},"modified":"2026-08-25T11:26:40","modified_gmt":"2026-08-25T16:26:40","slug":"monitoring-employees","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/monitoring-employees.html","title":{"rendered":"Can an Employer Legally Monitor Employees?"},"content":{"rendered":"\n
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Can an Employer Legally Monitor Employees?<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Employee monitoring is the use of surveillance to gather information on employee activity<\/span> and performance. Employers can legally monitor employees<\/span>, but this practice is regulated by federal and state laws<\/span> designed to protect employee privacy<\/span>, most notably the Electronic Communications Privacy Act<\/span> (ECPA). To stay compliant, employers must balance legitimate business interests, such as security and productivity, with these legal restrictions, typically by providing a clear, written policy that notifies employees of any tracking.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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Navigating state and federal laws<\/span> while monitoring employees<\/span> is tricky. In this article, we’ll explain the laws at play and provide some basic tips for small <\/span>business<\/span> owners<\/span>. While understanding what\u2019s involved is a boon, it\u2019s still a good idea to consult an employment law attorney<\/u><\/a> in your state for help with legal compliance.<\/p>\n

Key Federal and State Laws<\/span><\/h2>\n

Under\u00a0federal law<\/span>, employees have limited but important privacy rights at work. The primary statute governing surveillance is the Electronic Communications Privacy Act<\/span><\/u><\/a> of 1986 (ECPA). The ECPA generally prohibits the intentional interception of electronic communications, but also includes key exceptions that allow employers to monitor under specific circumstances, such as for a legitimate business purpose or with employee consent.<\/p>\n

State laws<\/span> often provide greater privacy protections. For example, while federal law<\/span> only requires one party to consent to a recorded phone call<\/span>, many states require all parties to consent.<\/p>\n

Key all-party consent states include:<\/p>\n