WORKPLACE LAW - Watching at work
Question:
I am the manager for a retail business with 27 employees. We have a retail store, and an Internet division as well. I am concerned about the amount of time that employees are wasting on personal phone calls and computer use that is unrelated to our business. Merchandise loss is also a concern in our store. What can I legally do to keep track of my employees’ activities while they are at work?
Answer:
Your concerns are legitimate. According to a 2005 survey by America Online and Salary.com, the average worker admits to frittering away 2.09 hours per 8-hour workday, not including lunch and scheduled break-time. 44.7% of the 10,000 respondents cited personal Internet use as the biggest time drain. Socializing, conducting personal business and time spent on personal phone calls were other time wasters.
Generally, employers can monitor their employees’ activities during the work day. In evaluating the employer’s right to monitor employee activity, the courts consider the conflicting privacy interests of the employee and the legitimate business interests of the employer. Here are some strategies you may wish to consider using in your store.
·Monitor E-Mail, Internet, Voicemail And Telephone Use. You have the right to monitor Internet access and examine any content on a computer used by an employee if you supply the computer, whether the employee works on or off site. Employers can also access and review e-mail and other content on employer owned computers. You may also monitor your employees’ voicemail and use of company owned telephones. Your company policy may also prohibit the use of personal cell phones while employees are on duty, to minimize personal calls and disruption to your business. There are many programs available that track and report Internet use.
·Inspect Property And Containers. Generally, you may search company-owned property used by employees, such as lockers, desks, and vehicles. A search of employee property depends on whether or not the employee has an objective expectation of privacy in his or her property. The employee’s privacy interests may be outweighed by your interest in the productivity and safety of your workforce, and the security of your store. If inspections occur, they should always be conducted in a non-discriminatory manner.
· Use A Secret Shopper. You may hire “shopping investigators” to review sales techniques and services, and assess your employees’ conduct, performance and integrity. If you intend to discipline or fire someone based on a shopping investigator’s report, you must provide the employee with a copy of the report. Also, if you have a meeting with an employee that might result in the termination of the employee for dishonesty, you must hand the employee a copy of the latest investigation report on which the meeting is based.
· Install Video Surveillance Cameras in Plain View. California law prohibits employers from conducting audio or video surveillance in a restroom, locker room, or changing area. Because you are concerned about theft of merchandise, you may install a video surveillance camera in plain view for safety and security reasons. Be sure your written policies inform your employees that the premises are monitored by video camera, and obtain their consent.
· Adopt Written Policies. It is important to create written policies informing employees of the monitoring strategies used by the employer. The policy should inform employees that their computer, voicemail and telephone use is not private, and that you will monitor Internet access and use of company computers. Your policy should also discuss your right to conduct searches of lockers, desks, vehicles, purses, lunch boxes, or other containers on company property. Inform your employees that you may use shopping investigators. These policies can be included in a handbook that has a signed acknowledgement, or they can be stand-alone policies signed by your employees.- - - - - - - - - - - - - - - - - - - - - - - - - -
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