The Electronic Communications Privacy Act (ECPA) protects the employees from monitoring the employee’s calls on the company equipment or property. However, the company can disclose the monitoring of the calls to make a civil liability to delete, read, or prevent access to an employeeâ€™s voicemail. However, the employer has the right to listen to the calls that involve its customers or clients for quality control purposes. Another way adopted by the employer is to monitor the calls made through different phone extensions. The employer can list the number of calls made through the extension and the period of each call. This information is found useful in the evaluation of the employee-client bond. Private companies also have the right to set up video surveillance on company property, including the parking, both for security and employee safety purposes. However, the employer is required to notify the employees, their customers, or any other person in the range of the camera about the video surveillance set. As per the law, video surveillance does not include audio as it violates the federal wiretap law regarding oral communication. Video surveillance comes with a clause that states that it is to be used only in times of violence or theft or to monitor an employeeâ€™s productivity. Few exceptions include the restrooms, break rooms, or locker rooms, where reasonable privacy is expected. Additionally, the use of video surveillance to monitor the employee’s union activities is prohibited by The National Labor Relations Act (NLRB).
Private companies also retain the right to perform a drug test on their employees. However, the results are not allowed to be made public or released. Where many states may restrict the enforcement of drug screening of their existing employees, a few exceptions include such as follows:
Employees that work in jobs that require substantial safety or health risks to themselves or others.
Employees injured in a job-related accident that is suspected to involve the use of drugs.
Unusual behavior of the employee such as bloodshot eyes or slurred speech that may be symptoms of drug abuse.
Even though the drug policy of the company that deals with how and when of the drug tests does not fall under law enforcement jurisdiction, the company is still required to clearly state the details on the drug policy to avoid or protect itself from lawsuits.
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