workPlaCeSurveillanCe: PrivaCy, ProduCtivity, andriSk labor & employment law Section Chairs: RaquelJefferson – PhelpsDunbar & YvetteEverhart – SassLawFirm
employersmayassume broadlatitudetotrack employeeactivity. thatassumption, however, carriesrisk.
Advances in technology have dramatically expanded employers’ ability to monitor workers. Time clocks and supervisor observation have evolved into keystroke tracking, screen capture software, location monitoring, productivity scoring, and automated alerts flagging perceived underperformance. While employers often tout these tools as neutral efficiency measures, workplace surveillance can nevertheless create significant legal risk.
Unlike some states, Florida does not have a comprehensive employee privacy statute governing workplace monitoring. As a result, employers may assume broad latitude to track employee activity. That assumption, however, carries risk. Even in the absence of a stand-alone employee privacy statute, workplace
THE AMERICAN INNS OF COURT TAMPA CHAPTERS INVITE YOU TO APPLY FOR MEMBERSHIP
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surveillance practices remain constrained by the Florida Constitution and common-law privacy doctrines, electronic communications and wiretapping statutes, and federal and state employment laws, including Title VII, the Americans with Disabilities Act( ADA), the Florida Civil Rights Act( FCRA), the National Labor Relations Act, the Fair Labor Standards Act( FLSA), and state and federal whistleblower protection statutes.
Productivity-monitoring tools frequently rely on quantitative metrics such as keyboard activity, mouse movement, time spent in specific applications, and“ idle” periods, which may disadvantage employees with disabilities who require modified workflows, breaks, or assistive technologies. When employers fail to account for reasonable accommodations, liability may follow.
Monitoring practices that intrude upon a reasonable expectation of privacy or are highly offensive in scope or method may give rise to liability as well. Surveillance practices may also implicate wage-and-hour claims, particularly where monitoring data contradicts recorded work time or is used to justify unpaid“ idle” periods.
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