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Business Booster Or Big Brother: The Ins And Outs Of Employee Productivity Monitoring

Whether employees log into work remotely or settle into their desks in an office space, they might wonder, "Is Big Brother watching?" For many companies, that might be a good thing. Thanks to the prevalence of remote and hybrid work schedules, employee productivity monitoring has become a valuable tool for many companies. Could productivity monitoring for workplaces cross the legal line in New York? That is the type of question to ask an labor and employment attorney at Schwab & Gasparini by setting up a consultation today at one of their four offices: Syracuse Office (315) 422-1333, Albany Office (518) 591-4664, White Plains Office (914) 304-4353, Hudson Valley (914) 304-4353.

Understanding Employee Productivity Monitoring

Employee productivity monitoring brings operational benefits, but can raise a number of legal considerations for businesses and their staff. Addressing privacy apprehensions and evaluating the return on investment in monitoring tools are essential steps for employers to take before implementing such measures, and may also be good items to include in scheduled reviews of workplace procedures. Before making any kind of policy change, it helps to understand all the options. The following are some of the most common methods of employee productivity monitoring. Businesses may use one method or a combination of methods for tracking employee productivity.

Website Tracking

Web tracking tools provide insights into your employees' online activities by monitoring the websites they engage with. Website tracking tools can be used with both remote and in-office workers. One goal of this type of monitoring is usually to ensure that employees are engaged exclusively in work activities while at work, instead of being (perhaps innocently) distracted into web browsing or social media sites; in some workplaces, website tracking tools may also work in combination with browser restrictions to prevent employees from inadvertently exposing company systems to cybersecurity risks.

Application Monitoring

Application monitoring tools offer a comprehensive view of how applications, tools, and programs are utilized. They gather data and metadata for reference to provide valuable insights into how particular applications perform. 

Social Media Tracking

This monitoring category involves observing employees' personal and professional social media profiles used during designated work hours (separately from tracking web browsing). However, many employees view this as a significant invasion of privacy. Additionally, for those employees whose role with the company requires social media usage, this tracking may require more intense scrutiny to determine the difference between work-related social media use and personal use. 

Email Tracking

This type of surveillance involves monitoring company emails sent to and from employees who utilize company email accounts. This is one way to facilitate the oversight of internal and external communications, and in addition to monitoring employees’ productivity may be integrated with the company’s cybersecurity protocols. 

Phone Tracking

This method allows businesses to record and listen to employees' phone conversations, voicemails, and video calls relating to business matters. Recording conversations may prove problematic, as state consent laws may apply. Employers considering the use of this method may want to consult with a lawyer to ensure they are in compliance with applicable laws in their jurisdiction. 

Keylogging

Keylogging software captures keyboard strokes. That type of monitoring offers a detailed record of employees' interactions on their computers. Use of keyloggers in the workplace may be subject to a number of limitations and legal considerations, and may be ineffective in contexts for which number of keystrokes per hour is not an efficient metric for tracking work accomplished. Businesses considering the use of keystroke logging software may wish to use this type of productivity monitoring program, which measures rate of work output, in combination with other employee monitoring tools designed to assess quality or quantity.

Time Tracking

The virtual time clock system replicates the traditional approach of an employee "punching in and punching out" of work. With this monitoring, employees log into a digital clock when they start work and log out when the work is done. This type of monitoring can also incorporate a manual timesheet that keeps track of employee activities, and may be beneficial to companies with hourly employees who do not all work the same daily or weekly schedule.

GPS Tracking

This method involves tracking employees' GPS locations to pinpoint their whereabouts globally. This method is most effective when employees use company-issued devices and vehicles, and when the monitored employees’ job responsibilities frequently require them to remain at a specific location during set hours, or for a specified number of hours, to complete their assigned work.

Video Surveillance

Video surveillance is a longstanding practice for many businesses. Similar to video monitoring in other business contexts, this method of employee monitoring requires the installation of cameras to record the day-to-day activities of employees and customers. Some businesses implement video surveillance in hopes of reducing or forestalling workplace conflict and drama. While suitable for office settings, it may pose challenges for remote work.

Pros of Employee Productivity Monitoring

There are significant advantages for both a company and its staff when they adopt employee productivity monitoring practices. A labor and employment attorney with Schwab & Gasparini may be able to help you evaluate the most appropriate tools, or combination of tools, for your business needs. In general, however, employee productivity monitoring, when implemented effectively, can offer the following advantages: 

Increased Productivity

Monitoring employees has the potential to boost their productivity. Many employers and managers seek to implement productivity tracking systems in the hopes that the “panopticon” effect will encourage employees to do their best work and eschew distractions, leading to improved quality and quantity of work accomplished during any given time frame. 

The hypothesized increase in productivity should then translate to improved bottom-line results. By combining monitoring with rewards and incentives, companies often hope to motivate employees to boost their performance further. Increased insight into individual performance can theoretically enable managers and human resources departments to devise more targeted rewards that encourage employees to deliver exceptional work.

Improved Team Performance

Employee productivity monitoring provides insights into daily work activities as these relate to collaboration. Incorporating information about how employees communicate with each other may empower the creation of stronger teams that optimize their collective efficiency. Understanding employees' strengths and weaknesses can also provide a sound basis for strategic task assignments. Playing to each individual’s strengths and organizing staffing to account for complementary skills and talents may lead to more balanced teams capable of producing higher-quality work.

Cost-Effectiveness

Despite requiring initial investment, carefully implemented employee monitoring programs have the potential to lead to long-term cost savings. From detecting time wastage to identifying potential time theft, productivity monitoring promises to assist businesses in understanding and addressing inefficiencies.

Additionally, monitoring helps identify areas where employees may struggle with tasks or fail to meet productivity goals. Early detection allows for timely interventions. That prevents further losses.

Increased Internal Security and Protection From Harassment

Employee productivity monitoring can make a positive contribution to cybersecurity and safeguards employees from external threats such as cyber-attacks. The best monitoring tools can help to identify threats that employees might overlook, provide alerts for unauthorized data access, and detect suspicious or malicious behavior from internal and external sources.

Additionally, employee productivity monitoring may facilitate internal investigations when there are suspicions or allegations of inappropriate employee conduct. Examples that can cost a business substantially if left unnoticed include harassment, intoxication while working, theft, as well as behaviors that compromise workplace quality and safety.

Cons of Employee Monitoring

While employee productivity monitoring can be implemented successfully, it is not without drawbacks. Employers should recognize the possible disadvantages and carefully consider strategies for minimizing potential downsides if they wish to use productivity monitoring systems.

Ethical Concerns and Distrust

Employee monitoring raises ethical considerations, particularly concerning workplace morale. The perception that monitoring tools may be violating employees’ privacy can trigger feelings of distrust among team members. A study published in the Autumn 2022 issue of Technology, Mind, and Behavior found that the workers across a significant cross-section of job positions and employment durations were inclined to regard performance monitoring via the use of electronic tools as an unwarranted invasion. Transparent communication with the staff about employee productivity monitoring methods is vital to ensuring that productivity monitoring programs do not disrupt previously functional workplace collaborations. For legal purposes, it may also be a good idea to get employees’ consent to the monitoring policy in writing, and establish a record of their agreement.

Legal Implications and Risks

The Electronic Communications Privacy Act of 1986 (ECPA), enacted by the United States Congress, permits employers to track employee activity on work devices legally. However, state laws on employee monitoring may vary and could be more restrictive than the ECPA. 

The Correct Approach to Employee Productivity Monitoring

The effectiveness of employee monitoring depends on its purpose and implementation within the organization. With due consideration for employee privacy, monitoring can be a highly advantageous tool for enhancing staff well-being and overall business success. Transparency regarding monitoring, including the tools being used, the information collected, and steps employees can take to further protect their privacy while complying with monitoring will set everyone up for success. 

Contact a Labor and Employment Attorney To Discuss Employee Productivity Monitoring

Before you implement employee monitoring for productivity, a discussion with lawyers experienced in these matters, such as the New York labor and employment attorneys at Schwab & Gasparini, may be warranted. A business attorney well-versed in New York labor laws and employer compliance may be helpful in developing an implementation program to ensure that your company remains compliant while utilizing employee productivity monitoring benefits. Call one of our offices at Syracuse Office (315) 422-1333, Albany Office (518) 591-4664, White Plains Office (914) 304-4353, Hudson Valley (914) 304-4353 to schedule that consultation today. 

Sun Mar 3 2024, 12:00am