Is it legal to monitor an employee's online activity?
In Texas, it is legal to monitor an employee’s online activity as long as it is done in a way that is compliant with the state’s labor laws. The Texas Workforce Commission advises that employers should inform their employees that they may be monitored or supervised while using company-owned computers, networks, and other electronic devices. This can be done through general language in the employee handbook, written or verbal notification to the employee, or a similar method. Employers cannot violate an employee’s right to privacy or use monitoring as a form of retaliation or harassment. When monitoring online activity, employers should take steps to ensure that only necessary data is accessed. Employers must also adhere to laws regarding the collection and storage of employee data. In addition, employers should make sure that any restrictions and monitoring rules are applied uniformly, and should not target specific individuals or groups of employees. Employers should be aware that monitoring employee communications could be a violation of the National Labor Relations Act. If an employee feels his or her privacy has been violated, they may have legal recourse. Overall, it is legal for employers to monitor their employees’ online activity in Texas. To ensure compliance with labor laws, employers should inform their employees that they may be monitored and take steps to protect employee privacy.
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