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At one point or another, most college students find themselves champing at the bit as they wait to join the workforce. After all, there's a limit to how much knowledge you're willing to absorb before you get out there and try and put it to use. But, it turns out, there's a whole lot about the modern office that colleges should be teaching their students — but aren't.
One of those things is just how much surveillance they'll be subject to at work. And for the most connected generation in history, that's a big deal. So, to fill the information void, here's an overview of what an employer can — and can't — legally monitor about you while you're working. By the end, I'd bet you'll be far more careful about how you act when you get your first post-college job.
Computer and Device Monitoring
Under US law, your employer has an almost unlimited right to monitor anything you do on a work-issued PC or mobile device. The only prerequisite is that they must offer a valid business reason — for which almost anything will suffice. Federal laws don't even specify that your employer has to inform you that you're being monitored. The only exception is that certain states require that the business obtain your consent, but they can also refuse to hire you if you won't give it to them.
Most employers that choose to monitor their employees use an employee tracking system to do it (click here if you’re not familiar). And depending on which one they choose, they may see more than you'd imagine. Some can log every app you use, every website you visit, and even how often you're sitting idle. Many can also store screenshots that give managers complete visibility into everything you do.
And in some cases, their surveillance may even extend to your personal devices, if you're using them at work or have them connected to the business's WiFi. All the employer has to do is to mention the surveillance in their bring-your-own-device (BYOD) policy, and you're consenting to it by using your personal device for work. And if you're wondering, there have been multiple documented cases of workers getting fired for things they've done on a personal device.
Communications Monitoring
Another thing that employers can monitor is your communications while you're working. This includes any emails you send using the company network — even personal ones. And before you start looking for an email client for Windows 10 or your preferred OS that can protect you from such oversight, you should realize that most email providers don't support end-to-end encryption. That means you'd need to get a new email address if you don't want your employer monitoring your personal email at work because a client alone won't protect you.
On top of that, your employer can monitor and record your phone calls while you're working. It's something that most people think is illegal — mostly because it is in almost all other situations. Employers, however, have a special exemption from anti-wiretapping laws. The only exception is that they're supposed to stop monitoring you if they realize your call is personal. But — and there's always a but — they don't even have to if you've been warned not to make personal calls while on the job.
Video Surveillance
Last but not least, an employer can turn to the tried-and-true method of video surveillance to keep tabs on you while you're at work. Of all of the ways your employer might monitor you, this is the method that most people are familiar with. And perhaps that's why it's also the monitoring method that comes with the greatest restrictions for employers.
When it comes to video surveillance, employers can monitor their office spaces. But their surveillance must end anywhere that an employee has a reasonable expectation of privacy. That means bathrooms and locker rooms are off-limits to cameras. And, in some states, so are break rooms and any recreational facilities provided by the employer.
Employee Beware
By now, it should be pretty obvious that there isn't much that an employer can't monitor about its employees while they're at work. And that means it's up to employees to exercise caution and to expect they're being watched almost all of the time. But the bottom line is simple — if you stick to doing your work while you're at work, you'll be fine. Just check your TikTok habit at the door and save it for when you get home.