The topic of privacy in the workplace is a hot-button issue for employers and employees alike. From pre-employment background checks to employee social media monitoring, balancing a safe and productive work environment with employee privacy presents significant challenges – and poses a host of potential risks – for employers.

Our attorneys help employers successfully navigate this realm by providing guidance on the creation of policies and procedures that comply with the labyrinth of state and federal rules that oversee background checks, including the type of information that may be procured through such checks on applicants and employees and what actions may or may not be taken as a result of any information obtained.

In addition, the growing popularity of social media networks and other online activities by employees and job applicants, as well as the increased use of workplace surveillance cameras, create a complex web of risk and benefits to employers. Our attorneys counsel clients who are considering or are already engaged in the use of online monitoring software and surveillance cameras as a protective mechanism. With respect to this technology, we provide strategic guidance on how to incorporate such activities and lawfully give employees notice, via a monitoring policy, in order to help manage employee expectations of privacy in the workplace and mitigate any potential claims.