Understanding the Laws Behind Employer Surveillance of Employees in Georgia
Keeping an eye on employees makes sense for business owners. It’s important to ensure that your staff members spend work hours productively and aren’t involved in shady activities. But where do we draw the line? While it might seem logical to monitor employees in the workplace, company executives should also know that people have a right to some degree of privacy, even around the office.
This article discusses employer surveillance in Georgia and provides insights into what the law permits to be recorded and what’s beyond boundaries.
Can Employers Monitor Workers in the Workplace?
Yes, the laws in Georgia allow business owners to monitor employees around the workspace. That said, Georgia doesn’t have any state-specific regulations regarding employer surveillance. Instead, the state adopts the rules in US federal laws, like the Electronic Communications Privacy Act (ECPA).
Based on this legislation, Georgia employers must seek staff consent before recording office activities. Usually, this happens through signed agreements. Also, surveillance can take different forms, including video cameras, audio recordings, and monitoring of email and internet activities.
However, any monitoring by a business owner must be for legitimate business purposes. Organizations are also expected to have a robust privacy policy that explains the type of activities recorded, the use of the information, and the personnel that can access the data. Furthermore, privacy laws should include the type of surveillance the company utilizes.
What Is Considered Illegal Workplace Surveillance in Georgia?
Although business owners are permitted to monitor members of their workforce, Georgia state laws prohibit doing so in locations where workers have a reasonable expectation of privacy. Such areas would include lactation rooms, restrooms, etcetera.
The regulation also prohibits monitoring people’s activities when they’re not in public view without their consent.
Monitoring personal data that has nothing to do with office duties is beyond the boundaries of the law, as well. In addition, since Georgia is a one-party consent state, business owners need one individual in a conversation to provide consent before they can record such interactions.
This rule allows an employer to possess business-related records of conversations with staff if they’re involved in the discussions or have approval from another party present. In cases where they’re not part of the interactions, making audio recordings without consent would be illegal.
Potential Consequences for Invasion of Privacy During Employee Monitoring in Georgia
Business owners can face the following consequences for invasion of privacy while monitoring employees in the workplace:
Lawsuits and Settlements Claims
Employees can sue if they believe their employers have breached their privacy rights during workplace surveillance. These cases are usually civil lawsuits, with financial compensation for emotional distress being one of the most common verdicts.
Fines and Possible Jail Time
Under §16-11-62 of the Code of Georgia, eavesdropping, recording, transmitting, or distributing the conversation of another individual in a private setting without their consent is a felony that can result in a prison sentence of up to five years and/or a fine of up to $10,000.
Hire Expert Legal Counsel to Get Justice for Your Workplace Privacy Claim in Georgia
Georgia state laws allow employers to monitor the activities of their staff. However, there are boundaries around how and where they can do this. Consent is necessary for surveillance, and monitoring must be for legitimate business purposes. Also, it cannot happen away from public view in places like restrooms.
Suppose your employer has breached the rules by recording you without consent or monitoring your private activities outside work. In that case, you must file a privacy lawsuit to get justice and protect other staff from such invasive behavior.
Our team at the Law Office of Sheri Oluyemi can handle your claim and recover compensation from your employer for any damages caused. We possess in-depth knowledge of the US employment and privacy regulation laws and will leverage our expertise to build a robust case to defend your claim. Reach out to us today to schedule a free teleconference consultation.
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