Keeping track of employees from a distance: Monitoring technologies and related legal considerations for teleworking

Most of our clients are adapting to employees working at home quite well. As many of those look at this becoming a longer-term part of their business, some questions arise.

  • If the employees home is also their office, how are employers responsible for ensuring their health and safety?
  • How do employers track and monitor the hours an employee has worked?
  • Can employers track e-mails, internet traffic etc?

This article provides a bit of insight and suggestions for process and policies around the issue that may be of assistance.

Due to COVID-19, teleworking has become the new norm in Canada and many parts of the world. In the traditional physical workplace, employers are generally permitted to take certain reasonable steps to observe or supervise what employees are doing throughout the day. In part, this is because the workplace is not considered a private space and it is normally reasonable for employers to exert control over what employees do in the workplace in the general course of their employment-related duties.