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Eyes are Watching Electronic Workplace Monitoring By Nicki Jhabvala Casena Leazer

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Eyes are Watching Electronic Workplace Monitoring. By Nicki Jhabvala Casena Leazer. HISTORY 101 … abridged. Better technology = Greater Communication = More commonly used = Greater need for regulation. HISTORY 101 … abridged. For businesses, regulation is with electronic monitoring. - PowerPoint PPT Presentation

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Page 1: Eyes are Watching Electronic Workplace Monitoring

Eyes are Watching Electronic Workplace Monitoring

By

Nicki Jhabvala

Casena Leazer

Page 2: Eyes are Watching Electronic Workplace Monitoring

HISTORY 101 … abridged

Better technology =

Greater Communication =

More commonly used =

Greater need for regulation

Page 3: Eyes are Watching Electronic Workplace Monitoring

HISTORY 101 … abridged

For businesses, regulation is with

electronic monitoring

Page 4: Eyes are Watching Electronic Workplace Monitoring

Forms of Monitoring

o E-Mails

oVideo Surveillance

oVoice Recording

oTelephone Recording; Retrieving Voicemails

oGPS Tracking

oKeystrokes

oWeb sites visited

oTwo-way mirrors

oWiggles

Page 5: Eyes are Watching Electronic Workplace Monitoring

A Few Numbers

AMA Survey of 526 American Companies

~75% of companies use some form of monitoring60% use software to monitor e-mails and IM’s51% monitor time spent on company phones &

the number of outgoing calls made51% use video surveillance in the office8% use a GPS system to monitor company car 5% monitor company provided cell phones

Page 6: Eyes are Watching Electronic Workplace Monitoring

Put it Into Perspective

•Those 51% who monitor phone calls … yeah, well it used to be only 9% in 2001.

•And those 51% who use video surveillance … was 33% in 2001.

•26% have fired their employees for misusing internet …ouch.

Page 7: Eyes are Watching Electronic Workplace Monitoring

The Debate

Where is the line drawn between an employee’s right to privacy and an

employer’s right to regulate the company?

Page 8: Eyes are Watching Electronic Workplace Monitoring

Staffer’s Side

Simply working for someone does not give them the right to intrude

upon basic human rights and common courtesies.

Page 9: Eyes are Watching Electronic Workplace Monitoring

WHY?

•(1) Trust: hiring implies mutual trust

•(2) Personal things: some things an employee may do at work are for personal reasons and, frankly, none of an employer’s business

•(3) Necessity: not all forms of monitoring are necessary or relevant to company business

•(4) Less Restrictive Means: If an employer is trying to foster productivity and maintain company loyalty, there are better ways of going about doing that.

•(6) Discrimination: acts of retaliation against employees

•(5) Stress: creates an unpleasant environment at work

Page 10: Eyes are Watching Electronic Workplace Monitoring

Constitutional Protections

•The constitutions of 8 states explicitly protect privacy and offer greater protection of the rights of public employees than the U.S. Constitution does.

•However, these documents protect public employees and the protection does not extend to the private sector.

•Exception: California. It has extended its state constitution's protection of privacy to private AND public employees

•In Short: Not much constitutional protection for employees that is clearly and explicitly stated.  

Page 11: Eyes are Watching Electronic Workplace Monitoring

The Boss-man’s Side

If an employee is under the umbrella of an employer

either by physical location or through use of company equipment, employers have every right to monitor the behavior of its employees.

Page 12: Eyes are Watching Electronic Workplace Monitoring

Why?

•(1) Electronic Communications Act of 1986 = OVERRULED!

•Established before internet, so it’s obsolete

•(2) Today’s Common Law: if you are using anything that is owned by the company, and employee should have no expectations of privacy

•(3) Prevention & Loyalty: don’t want company info from being leaked

•(4) Keeping Tabs: when they’re on the clock, employees to be doing work

•(5) Fend off Litigation: explicit proof for when an employee sues an employer

•(6) Federal Example: if the govt. can do it, I can too

Page 13: Eyes are Watching Electronic Workplace Monitoring

Law is on the Boss-Man’s Side

Can my employer listen to my phone calls at work?

In most instances, YES!

Only when all speakers are in California must consent be required for recording.

Page 14: Eyes are Watching Electronic Workplace Monitoring

Law is on the Boss-Man’s Side

If I wear a walkie-talkie headset, are my conversations with co-workers subject to

monitoring?

YES!

Page 15: Eyes are Watching Electronic Workplace Monitoring

Law is on the Boss-Man’s Side

Can my employer obtain a record of my phone calls?

YES!

Page 16: Eyes are Watching Electronic Workplace Monitoring

Law is on the Boss-Man’s Side

Is my employer allowed to see what is on my terminal while I am working?

Generally,YES!An Exception would be Union Contracts where state law doesn’t

supercede them.

Page 17: Eyes are Watching Electronic Workplace Monitoring

Law is on the Boss-Man’s Side

Is electronic mail private? What about voice mail?

NO!Not if sent or received from a company computer!

Page 18: Eyes are Watching Electronic Workplace Monitoring

Law is on the Boss-Man’s Side

When I delete messages from my terminal, are they still in the system?

Yessirreee!

Page 19: Eyes are Watching Electronic Workplace Monitoring

Law is on the Boss-Man’s Side

My employer's electronic mail system has an option for marking messages as

"private." Are those messages protected?

NOPE!

Page 20: Eyes are Watching Electronic Workplace Monitoring

Law is on the Boss-Man’s Side

What about my employer's promises regarding e-mail and other workplace

privacy issues. Are they legally binding?

Ummm ….

NO!

Page 21: Eyes are Watching Electronic Workplace Monitoring

Boss-Man’s Bottom LineYour purpose at work is to work. Read the company manual and make sure you are not violating any rules because your boss is watching.Your purpose at work is to

work. Read the company manual and make sure you are not violating any rules

because your boss is watching.

Page 22: Eyes are Watching Electronic Workplace Monitoring

Case Study (2001)

•An employee was arrested after a co-worker found him looking at pornographic sites at work

•After arrested, company searched his computer files and e-mails and found nude/semi-nude photos of his 10-year-old stepdaughter, which he used to gain access to a child porn site and e-mails he sent to others regarding child pornography

•Mother of 10-year-old sued the company because she felt they did not do a good job of catching the employee’s activities earlier

•MOM WON, Company learned from mistake AKA now uses electronic monitoring

Page 23: Eyes are Watching Electronic Workplace Monitoring

Cramer v. Consolidated Freightways

•Consolidated installed secret video taping and two-way mirrors in bathrooms to catch employees using illegal drugs.

•Lloyd Cramer and other employees of Consolidated sued for invasion of privacy

•Employees and Consolidated part of collective bargaining agreement that covered the uses the employer could make of video cameras to discipline or discharge an employee

•California prohibits two-way mirror surveillance

•CONSOLIDATED LOST

•Effect of Case: company contractual agreements are pre-empted by state laws and regulations

Page 24: Eyes are Watching Electronic Workplace Monitoring

So What Can You Tell Ma & Pa ?

That your tuition bill is worth every penny …

‘Cause you won some candy in Jeopardy today!

Page 25: Eyes are Watching Electronic Workplace Monitoring

JeopardyJeopardyNumbers Forms Law Ethics Reasons

$100

$200

$300

$400

$500

$100 $100$100 $100

$200 $200 $200 $200

$300 $300 $300 $300

$400 $400 $400 $400

$500 $500 $500 $500

Final Jeopardy

Page 26: Eyes are Watching Electronic Workplace Monitoring

$100 Question from $100 Question from NumbersNumbers

According to the 2005 AMA Survey,the percentage of American

companies use some form of monitoring.

Page 27: Eyes are Watching Electronic Workplace Monitoring

$100 Answer from $100 Answer from NumbersNumbers

What is 75 percent?

Page 28: Eyes are Watching Electronic Workplace Monitoring

$200 Question from $200 Question from NumbersNumbers

According to the 2005 AMA Survey, this percentage of American

businesses monitor company cars with a GPS System.

Page 29: Eyes are Watching Electronic Workplace Monitoring

$200 Answer from $200 Answer from NumbersNumbers

What is 8 percent?

Page 30: Eyes are Watching Electronic Workplace Monitoring

$300 Question from $300 Question from NumbersNumbers

According to the 2005 AMA Survey, this percentage of American

businesses use video surveillance.

Page 31: Eyes are Watching Electronic Workplace Monitoring

$300 Answer from $300 Answer from NumbersNumbers

What is 51 percent?

Page 32: Eyes are Watching Electronic Workplace Monitoring

$400 Question from $400 Question from NumbersNumbers

According to the 2001 AMA survey,this percentage of American businesses

used video surveillance.

Page 33: Eyes are Watching Electronic Workplace Monitoring

$400 Answer from $400 Answer from NumbersNumbers

What is 33 percent?

Page 34: Eyes are Watching Electronic Workplace Monitoring

$500 Question from $500 Question from NumbersNumbers

According to the 2005 AMA survey,this percentage of American businesses

actually fired those employees who misusedthe Internet.

Page 35: Eyes are Watching Electronic Workplace Monitoring

$500 Answer from $500 Answer from NumbersNumbers

What is 26 percent?

Page 36: Eyes are Watching Electronic Workplace Monitoring

$100 Question from $100 Question from FormsForms

This is the most commonly used form of electronic monitoring.

Page 37: Eyes are Watching Electronic Workplace Monitoring

$100 Answer from $100 Answer from FormsForms

What is e-mail monitoring?

Page 38: Eyes are Watching Electronic Workplace Monitoring

$200 Question from $200 Question from FormsForms

In Cramer v. Consolidated, thedefendant was accused of using this

type of electronic monitoring.

Page 39: Eyes are Watching Electronic Workplace Monitoring

$200 Answer from $200 Answer from FormsForms

What is video surveillanceOR

Two-way mirrors?

Page 40: Eyes are Watching Electronic Workplace Monitoring

$300 Question from $300 Question from FormsForms

Keeping tabs on an employee in the restroom is often done with this type

of monitoring.

Page 41: Eyes are Watching Electronic Workplace Monitoring

$300 Answer from $300 Answer from FormsForms

What is video surveillance.

Page 42: Eyes are Watching Electronic Workplace Monitoring

$400 Question from $400 Question from FormsForms

If you decided to use the company car to takeyour date out to dinner, I could hunt you down

with this form of monitoring.

Page 43: Eyes are Watching Electronic Workplace Monitoring

$400 Answer from $400 Answer from FormsForms

What is GPS tracking?

Page 44: Eyes are Watching Electronic Workplace Monitoring

$500 Question from $500 Question from FormsForms

If you called your mommy, I could easilymonitor your call with this.

Page 45: Eyes are Watching Electronic Workplace Monitoring

$500 Answer from $500 Answer from FormsForms

What is telephone recording?

Page 46: Eyes are Watching Electronic Workplace Monitoring

$100 Question from $100 Question from LawLaw

True or False: If you was your employer andyou used the company’s computer, I couldkeep track of your e-mails from the computer.

Page 47: Eyes are Watching Electronic Workplace Monitoring

$100 Answer from Law$100 Answer from Law

What is TRUE?

Page 48: Eyes are Watching Electronic Workplace Monitoring

$200 Question from $200 Question from LawLaw

This act was basically useless in terms ofregulating the Internet.

Page 49: Eyes are Watching Electronic Workplace Monitoring

$200 Answer from Law$200 Answer from Law

The Electronic Communications Act

Page 50: Eyes are Watching Electronic Workplace Monitoring

$300 Question from $300 Question from LawLaw

True or False: If you were my employee, you could sue me for invasion of privacy if I monitored your telephone calls from

the company’s phone.

Page 51: Eyes are Watching Electronic Workplace Monitoring

$300 Answer from Law$300 Answer from Law

What is FALSE?

Page 52: Eyes are Watching Electronic Workplace Monitoring

$400 Question from $400 Question from LawLaw

True or False: Just because your e-mailsare labeled as “private,” they really aren’t.

Page 53: Eyes are Watching Electronic Workplace Monitoring

$400 Answer from Law$400 Answer from Law

What is TRUE?

Page 54: Eyes are Watching Electronic Workplace Monitoring

$500 Question from $500 Question from LawLaw

True or False: The 8 state constitutions thatexplicitly protect individual’s workplace

privacy generally serve private employees only.

Page 55: Eyes are Watching Electronic Workplace Monitoring

$500 Answer from Law$500 Answer from Law

What is FALSE?Public only.

Page 56: Eyes are Watching Electronic Workplace Monitoring

$100 Question from $100 Question from EthicsEthics

This is the main argument employees have with electronic monitoring in the

workplace.

Page 57: Eyes are Watching Electronic Workplace Monitoring

$100 Answer from $100 Answer from EthicsEthics

What is Privacy?

Page 58: Eyes are Watching Electronic Workplace Monitoring

$200 Question from $200 Question from EthicsEthics

True or False: Most people are OKwith their employers tallying their

trips to the restroom.

Page 59: Eyes are Watching Electronic Workplace Monitoring

$200 Answer from $200 Answer from EthicsEthics

What is “Dunno, whatever floats yourboat, I guess.”

Page 60: Eyes are Watching Electronic Workplace Monitoring

$300 Question from $300 Question from EthicsEthics

True or False: Companies believe theyhave a right to maintain control of

business operations.

Page 61: Eyes are Watching Electronic Workplace Monitoring

$300 Answer from $300 Answer from EthicsEthics

What is True?(generally)

Page 62: Eyes are Watching Electronic Workplace Monitoring

$400 Question from $400 Question from EthicsEthics

According to most employees, beinghired implies this.

Page 63: Eyes are Watching Electronic Workplace Monitoring

$400 Answer from $400 Answer from EthicsEthics

What is trust?

Page 64: Eyes are Watching Electronic Workplace Monitoring

$500 Question from $500 Question from EthicsEthics

Monitoring that serves as an act of retaliation against employees iscommonly considered to be this.

Page 65: Eyes are Watching Electronic Workplace Monitoring

$500 Answer from $500 Answer from EthicsEthics

What is discrimination?

Page 66: Eyes are Watching Electronic Workplace Monitoring

$100 Question from $100 Question from ReasonsReasons

One reason companies give forusing monitoring is that it provides

explicit proof for this.

Page 67: Eyes are Watching Electronic Workplace Monitoring

$100 Answer from $100 Answer from ReasonsReasons

What is fending off litigation?

Page 68: Eyes are Watching Electronic Workplace Monitoring

$200 Question from $200 Question from ReasonsReasons

One reason companies give for usingmonitoring is that these people use it.

Page 69: Eyes are Watching Electronic Workplace Monitoring

$200 Answer from $200 Answer from ReasonsReasons

What is the Federal Government?

Page 70: Eyes are Watching Electronic Workplace Monitoring

$300 Question from $300 Question from ReasonsReasons

A reason employees give for opposingmonitoring is that it is not the least of this

type of means.

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$300 Answer from $300 Answer from ReasonsReasons

What is restrictive?

Page 72: Eyes are Watching Electronic Workplace Monitoring

$400 Question from $400 Question from ReasonsReasons

This type of law allows employers to monitor their employees in the workplace.

Page 73: Eyes are Watching Electronic Workplace Monitoring

$400 Answer from $400 Answer from ReasonsReasons

What is Common Law?

Page 74: Eyes are Watching Electronic Workplace Monitoring

$500 Question from $500 Question from ReasonsReasons

Most employees argue that monitoringcreates this in the workplace.

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$500 Answer from $500 Answer from ReasonsReasons

What is stress?

Page 76: Eyes are Watching Electronic Workplace Monitoring

Final JeopardyFinal Jeopardy

This person has the greatest legal weight(as of now) in the debate of electronic

monitoring.

Page 77: Eyes are Watching Electronic Workplace Monitoring

Final Jeopardy Final Jeopardy AnswerAnswer

Who is Boss Man?Other accepted answers:

Boss LadyEmployerBMOC

Head HonchoMan in Charge

Top Dog Big Shot