Most states provide some form of employee privacy rights. However, how these rights apply largely depend on what information or actions are sought to be protected. When it comes to the legal landscape there are numerous federal, state, and city laws that affect one's rights. Here is a brief overview of the laws and regulations that may come into play under certain circumstances.
Testing for Alcohol and Drug Use
Drug testing has always been a hotbed area in the realm of employee privacy rights. The U.S. Supreme Court has long held that employers may require drug tests in some situations. Yet, some state laws are more restrictive and do not allow testing by employers. Under Utah law, employees can be obligated to drug test as long as management does so as well. For specific questions about the Utah regulations contact a local business attorney or employment law firm.
Most of us think that we are free to do what we want after we check out of work. This may not always be the case. Some employers have contracts that restrict employee activities when they are on their personal time. This might include activities such as discussing company policies on social media. Although employers may include such restrictions as part of the employment contract how they obtain information about your off-duty activities may violate privacy laws.
Surveillance of Staff
Every employee knows that "big brother" is watching while they are at work. Due to this, we usually try to be on our best behavior during the workday. However, there are limits to the extent of surveillance. Electronic forms of monitoring (such as by camera) are usually regulated by state and local law. There are some federal statutes that also come into play like the Federal Electronic Communications Privacy Act.
Employee Privacy Help
If you have an issue with a privacy violation by your employer contact the law office of Spencer & Jensen for help. Alternatively, if you are a business that wants to ensure compliance with the law in your jurisdiction make sure you review your situation with an experienced lawyer. Spencer and Jensen, PLLC is available for consultations for matters involving Utah law.