With only a few business days left before October 11, 2022, when employers must have a written Electronic Monitoring Policy in place, SpringLaw is fielding regular questions from employers about their near-final drafts. The policy requirements and meeting this new transparency obligation are discussed in our prior blog: New Electronic Monitoring Policy: The What, How and Why for Employers. The deadline for providing a written copy to employees is November 10, 2022.

Step One: Review Your Current Electronic Monitoring Practices

Employers with a buttoned-down approach should start with a broad review of their current monitoring practices. This may unearth some overkill monitoring and data collection – passive and unintentional, or otherwise.