Electronic monitoring of employees — from webcam photos to recording conversations — is coming under scrutiny by the general counsel of the National Labor Relations Board.
General Counsel Jennifer Abruzzo released a memo detailing her concerns today.
The memo describes electronic monitoring technology such as recording of worker conversations and tracking of movement through the use of wearable devices, cameras, radio-frequency identification badges and GPS tracking.
Abruzzo also noted some employers also use keyloggers and software that takes screenshots, webcam photos and audio recordings throughout the day.
Employers use the data to manage productivity and discipline employees, according to the general counsel
“It concerns me that employers could use these technologies to interfere with the exercise of Section 7 rights under the National Labor Relations Act by significantly impairing or negating employees’ ability to engage in protected activity — and to keep that activity confidential from their employer,” Abruzzo said. “Thus, I plan to urge the board, to the greatest extent possible, to apply the Act to protect employees from intrusive or abusive electronic monitoring and automated management practices that would have a tendency to interfere with Section 7 rights.”
Section 7 of the National Labor Relations Act protects employees’ right to self-organize; form, join or assist labor organizations; bargain collectively through representatives of their own choosing; and engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.