Description
Better understand how to comply with this complex framework when engaging in telephone monitoring.Many employers monitor employees’ use of electronic resources for manifold, legitimate purposes ranging from business compliance obligations to evaluating employee performance and production. However, despite good intentions, employers can unknowingly run afoul of applicable laws. Moreover, employee monitoring and surveillance raise many privacy concerns. This material will focus on telephone monitoring, and help employers understand, anticipate, and manage the potential challenges. It will include hypotheticals, explanations of instructive court decisions, and practical tips for balancing employee monitoring and employee morale.
Date: 2019-05-30 Start Time: End Time:
Learning Objectives
Employee Telephone Monitoring and Surveillance
• Legitimate Reasons for Employee Monitoring
• Risks of Employee Monitoring
• Applicable Laws and Potential Claims
• The Federal Wiretap Act
• State Wiretap Laws
• All-Party Consent Laws
• Federal Stored Communications Act
• State Privacy Laws
• Exceptions, Exemptions, and Defenses
• Business Extension Exemption to the Federal Wiretap Act
• Consent Necessary to Monitor or Record Telephone Conversations
• Exceptions to All-Party Consent Laws
Practical Guidelines
• Developing an Electronic Resources Policy
• Recommended Considerations in Creating a Policy on Telephone Use
• Notice
• Consent • Explicit and Signed
• Other Considerations
• Policies Prohibiting Recording and the National Labor Relations Act
• International Issues
• Technical Issues
• Employee Morale
Jennifer L. Taiwo-Littler Mendelson P.C.
