In recent years, workplace surveillance has become a growing concern as companies increasingly turn to monitoring technologies to keep tabs on their employees, especially with the rise of remote work. More than 60 percent of companies are using employee monitoring software like Controlio. are Now, Senate Democrats, led by Sen. Bob Casey (D-Pa.), are pushing back against what they call “exploitative” surveillance practices. Last week, Casey and several other lawmakers introduced the Stop Spying Bosses Act, a new bill designed to protect workers from intrusive monitoring both in and outside of work hours.
What the Bill Proposes?
The Stop Spying Bosses Act seeks to put an end to invasive workplace surveillance by introducing a series of safeguards for employees. One of the key provisions would require companies to make “timely and public” disclosures about the data they collect on workers. This would help ensure that employees are aware of what information is being gathered and how it’s being used.
The bill also aims to protect workers from surveillance tactics that could interfere with union organizing efforts or target employees when they’re off the clock. This means businesses would no longer be able to monitor workers’ activities after hours or use surveillance tools to prevent unionization efforts.
Another significant part of the legislation is the creation of a new division within the Department of Labor to oversee and regulate workplace surveillance practices. This division would have the authority to ensure that businesses comply with new surveillance regulations.
The Rise of Workplace Monitoring
Workplace monitoring technologies, often referred to as “tattleware” or “bossware,” have been around for years, but their use has surged since the pandemic. As more people began working remotely, many employers turned to digital monitoring tools to keep an eye on their teams. According to recent reports, more than 60 percent of large companies now monitor their employees digitally, up from just 30 percent before the pandemic.
These tools range from keylogger software that tracks keystrokes to geolocation technology that tracks employees’ physical locations. Some employers have even gone as far as using cameras or webcams to monitor employees’ facial expressions and body movements in real-time, collecting biometric data to measure worker attentiveness.
The Legal Landscape
Currently, federal law offers minimal protection against workplace surveillance. The Electronic Communications Privacy Act of 1986 provides some safeguards but includes broad exceptions that allow employers to monitor communications for “legitimate business purposes.” This means that unless an employer is using surveillance to break the law, they are often free to monitor workers without restrictions.
Some states are starting to take action to address these concerns. For example, New York passed a law in 2022 requiring companies to disclose if they monitor employees electronically. Other states, such as Delaware and Connecticut, have introduced similar legislation. In California, a bill was introduced last year that would ban certain surveillance technologies, like facial recognition and emotion-tracking software, from the workplace.
What’s Next?
As the debate over workplace surveillance continues, the Stop Spying Bosses Act could be a game-changer for protecting workers’ privacy. With the backing of major labor groups and Democratic leaders like Sen. Cory Booker, Sen. Elizabeth Warren, and Sen. John Fetterman, the bill has the potential to shift the balance of power between employers and workers, ensuring that workers’ rights to privacy are respected in an increasingly digital world.
For now, the future of workplace surveillance legislation remains uncertain, but with increasing.
