“EMPLOYEE BEWARE, YOU ARE BEING WATCHED.”
In Connecticut, the law states (Sec. 31-48d.) that employers may engage in electronic monitoring as long as they give prior notice to employees. The law defines “electronic monitoring” as the collection of information on an employer’s premises concerning employees’ activities or communications by any means other than direct observation. This may include the use of a computer, telephone, wire, radio, camera, electromagnetic, photo-electronic or photo-optical systems. The employer may not collect information (A) for security purposes in common areas of the employer’s premises, which are held out for use by the public, or (B) which is prohibited under state or federal law.
Employers who engage in any type of electronic monitoring must give prior written notice to all employees who may be affected, informing them of the types of monitoring which may occur. The notice must be placed in a conspicuous place which is readily available for viewing by its employees.
Under the law, if an employer has reasonable grounds to believe that employees are engaged in conduct that violates the law, or the legal rights of the employer, or the employer’s other employees, or that creates a hostile work place environment, and (B) electronic monitoring may produce evidence of this misconduct, the employer may conduct monitoring without giving prior written notice.