What are the Requirements for Employee Privacy in the Workplace?
Employee privacy in the workplace is protected by a combination of federal laws, state regulations, and company policies. Employers must balance their need to monitor operations with respecting personal boundaries. Here, our Hershey business and employment attorney provides an overview of employee privacy requirements in the workplace in Pennsylvania.
Background: The Foundation of Workplace Privacy Law in Pennsylvania
In Pennsylvania, employee privacy in the workplace is governed by a combination of state law, common law, and federal regulations. Employers must comply with all relevant laws. That typically means balancing their operational needs with protecting the privacy rights of employees. Some of the notable areas of concern include:
- Electronic communications monitoring;
- Physical searches at the workplace;
- Surveillance of the employee;
- Access to personal information; and
- The regulation of off-duty conduct.
Know the Law on Employee Communication
The Pennsylvania Wiretapping and Electronic Surveillance Control Act prohibits the intentional interception, disclosure, or use of wire, electronic, or oral communications without the consent of all parties involved. As the Commonwealth has a “two-party consent” requirement, employers cannot lawfully monitor or record employees’ telephone conversations or electronic communications without prior consent. With consent, monitoring is permitted.
Know the Law on Physical Searches
Employers may conduct physical searches of employees or their workspaces if there is a legitimate business justification. However, all searches must be reasonable and not violate common law privacy rights. As an example, conducting searches in private areas like restrooms or locker rooms may be a violation of the worker’s right to privacy.
Know the Law on Access to Personal Information
Employers have the right to keep records on workers. The Pennsylvania Personnel Files Act grants employees the right to inspect their own personnel files maintained by their employer. Among other things, the right to inspect pertains to records used to determine qualifications for employment, promotion, additional compensation, termination, or disciplinary actions. Employers are required to allow employees to review these files at reasonable intervals. They cannot charge a fee for access.
Know the Law on Off-Duty Conduct (Including Social Media)
Pennsylvania law does not explicitly protect employees from adverse employment actions based on lawful off-duty conduct. However, that does not mean that there are zero privacy rights. Indeed, it is often the best practice for employers to exercise caution when dealing with the off-duty conduct of employees. Disciplining employees for off-duty behavior, particularly related to social media activity, can implicate privacy concerns and potentially violate protections under federal laws, such as the National Labor Relations Act (NLRA). Still, in Pennsylvania, off-duty conduct, including social media posts, is not automatically protected.
Contact Our Pennsylvania Business and Employment Attorney Today
At Morcom Law, our Pennsylvania business and employment lawyer is standing by, ready to provide you with the guidance and support you need. If you have any questions about privacy in employment, please call 717-921-1422 or contact us online for a confidential consultation. With an office in Hershey, we represent both employers and employees in Pennsylvania.
