surveillance: an unwanted perk

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Kaveh Waddell writes about being tracked by your employer 24/7:

The Fourth Amendment protects Americans from unreasonable searches and seizures, but it only constrains the government's actions. If local police or the FBI wants to track your car, they have to ask a judge for a warrant first. But if your boss wants to track your phone, it's likely within his or her rights.

"In fact, businesses track their employees' locations all the time," Waddell writes, but "The legal landscape around tracking employees is murky," because "There's no federal privacy law to keep businesses from tracking their employees with GPS, and only a handful of states impose restrictions on it:"

A survey released last month offered a few hints: Nearly a third of people who responded said their employer tracks them by GPS, and 15 percent said they were tracked 24 hours a day. More than 22 percent said they weren't told they would be tracked when they started their job.

Waddell talked to Lillian Chaves Moon, a lawyer who represents employers:

According to Moon, employers have a whole lot of leeway to track their employees, both on the clock and off, and most workers have a very high bar to clear if they want to challenge their employers for invading their privacy. "In most states, you have to show that it would be highly offensive to a reasonable person, and that's a pretty high standard," she said. "You have to show that it's so egregious and outrageous." [...]

At least 29 states and the District of Columbia have at least some discrimination laws that prevent companies from firing employees for their off-duty conduct. In states without those laws, a boss can fire an employee for his or her actions outside of work.

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This page contains a single entry by cognitivedissident published on January 6, 2017 6:26 PM.

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