Tracking Remote Employees: How To Not Cross The Line

With the COVID-19 on the current agenda, the offline work seems to be far away. However, remote work is trending now because more and more businesses realize which benefits it drives. However, hiring top talent from different parts of the country and saving from rent come with the liabilities of remote working employment law.

One of the frequent questions that entrepreneurs discuss during a labor law free consultation is tracking remote employees. It’s only logical that they want to know how much time their workers dedicate to tasks daily. But what about the related remote work legal issues?

Tracking Remote Employees: Definition and Advantages

Basically, tracking remote employees implies the usage of special software that monitors the activity of a worker during the day. It tracks the amount of working time and presents them in an Excel or CSV file.

However, some programs offer much more. They can monitor keystrokes. Record videos or make screenshots, track the location, and assess productivity. Thus, employers can know almost everything about their remote employees.

Since Gartner claims that almost 80% of the businesses will monitor the employees with tracking software by the end of 2020, we can conclude that they see a number of benefits. Among them can be:

  • Privacy and Security: Remote work increases the risk of a cyberattack. Some of them can be even initiated from inside since employees can use personal devices and store valuable data on cloud storage. Monitoring their activities allows detecting an unreliable employee timely.
  • Improved Productivity: Its human nature to be more productive when being under control. Therefore, workers are likely to be more diligent working remotely if they are monitored.
  • Tracking of Assets: In case a business provides hardware for remote employees, it’ll want to locate it for the safety measures. Tracking applications show the data.

A Sustainable Approach to Tracking Remote Employees

Not all employees can be satisfied with the tracking apps being installed on the working computer. Therefore, it’s vital to prepare them, preferably at the hiring stage. But before we move to the educational and psychological part, let’s cover some legal issues.

The legal aspect of employee tracking highly depends on the implementation. The answer that will solve all the problems is a remote work policy that will state how the management can use the collected data. The policy should be clarified, signed and accepted at the recruitment. If you implement it when the company already employs workers, they also need to sign the acceptance.

As for the psychological part, it’s essential to adhere to several principles in implementing a tracking system:

  1. Gradual percolation
  2. Systematic education on what benefits the tracking system drives
  3. Communication with every employee to resolve any issues
  4. Periodic training in order to reinforce the initial message.

As you can see, implementing a tracking software is pretty easy. You just have to prepare a special policy and communicate it to the employees. Would you use tracking software for your remote employees?

About the Author: Yuriy Moshes is the CEO of Moshes Law and attorney with broad expertise. He has two bachelor’s degrees. Being an experienced expert, he is considered one of the most in-demand specialists in the employment law field. Apart from that, he provides labor law attorney free consultation for everyone who faces discrimination in the workplace.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.