Can Your Employer Require You to Use Monitoring Software?

Can Your Employer Require You to Use Monitoring Software?

Employee monitoring software has become increasingly common, particularly for remote and hybrid workers. Employers may use software to track computer activity, monitor productivity, record work time, protect company systems, or investigate suspected misconduct.

But can your employer actually require you to install or use monitoring software?

Often, yes—especially when the software is installed on an employer-owned computer or other company device. However, an employer’s ability to require monitoring is not unlimited. Federal and state laws may restrict how an employer monitors employees, what information it can collect, whether notice is required, and whether an employer can require monitoring on a personal device.

The answer can also depend on the type of monitoring, the device being monitored, where you work, what your employer is monitoring, and whether you have a reasonable expectation of privacy.

Here is what employees should know about workplace monitoring software and their privacy rights.

What Is Employee Monitoring Software?

Employee monitoring software is technology employers use to collect information about an employee’s computer activity, communications, location, work time, or other workplace activity.

Depending on the software, an employer may be able to monitor things such as:

• Websites visited on a company computer
• Applications used
• Time spent using particular applications
• Login and logout times
• Keyboard or mouse activity
• Screenshots
• Files accessed or transferred
• Work emails and messages
• Work-related communications
• Computer activity
• GPS or location information
• Time worked
• Productivity metrics
• Use of company systems
• Security-related activity

Some programs also use artificial intelligence or automated systems to analyze employee activity and generate productivity or performance information.

The fact that software can collect information, however, does not necessarily mean an employer has unlimited legal authority to collect or use it.

Can an Employer Require Monitoring Software on a Work Computer?

In many circumstances, an employer can require employees to use monitoring software on an employer-owned computer or other company equipment.

An employer generally has greater control over equipment it owns and provides for work than over an employee’s personal computer or phone.

For example, an employer may require monitoring software to:

• Protect confidential company information
• Detect cybersecurity threats
• Prevent unauthorized access
• Track hours worked
• Monitor company-system usage
• Measure productivity
• Ensure employees are performing assigned work
• Protect customers or company property
• Investigate suspected misconduct
• Meet regulatory or contractual obligations

An employee who refuses to use required software on a company computer may potentially face workplace consequences, particularly if the monitoring is lawful and is part of the employer’s established workplace policies.

That does not mean every type of monitoring is automatically legal.

Can Your Employer Require Monitoring Software on Your Personal Computer?

This is a more complicated question.

An employer’s authority over a personal computer is generally different from its authority over a company-owned computer.

If your employer asks you to install monitoring software on your personal computer, the legal issues can include:

• What information the software collects
• Whether the software operates only during working hours
• Whether it can access personal files
• Whether it can activate your camera or microphone
• Whether it can track your location
• Whether it monitors activity unrelated to work
• Whether state law requires notice or consent
• Whether your employer provides an alternative device
• Whether the monitoring interferes with other people’s privacy

Some state laws impose additional restrictions on electronic monitoring, and the rules are not the same everywhere.

For example, Connecticut requires employers that engage in covered electronic monitoring to provide prior written notice to affected employees, subject to exceptions.

As a result, an employer’s statement that “you have to install this software” does not necessarily end the legal analysis.

Can Your Employer Require Monitoring Software on Your Personal Phone?

The same distinction applies to personal phones.

An employer may have legitimate reasons to require employees to use an application for work, particularly if the employee needs access to company systems or information.

But requiring an employee to install monitoring software on a personal phone raises additional privacy concerns.

For example, software installed on a personal phone could potentially collect:

• Location information
• Personal browsing information
• Personal communications
• Photos
• Contacts
• Application information
• Device information
• Activity occurring outside work hours

Whether an employer can require such monitoring depends heavily on the circumstances and applicable state law.

Employees should be particularly cautious when an application appears capable of monitoring activity outside working hours or accessing information unrelated to the employee’s job.

Can Your Employer Monitor You While You Work From Home?

Working from home does not necessarily prevent an employer from monitoring work activity.

An employer may still have legitimate reasons to monitor an employee using a company computer or company network while the employee works remotely.

For example, an employer may monitor:

• Company email
• Company applications
• Company network activity
• Work-related communications
• Login activity
• Work time
• Security events
• Company files
• Use of employer-provided equipment

However, remote work can create additional privacy issues because the employee may be working from a home environment.

Monitoring that extends beyond legitimate work-related activity can create substantially different legal concerns.

Some state laws specifically address monitoring inside an employee’s home or on personal devices.

Can Your Employer Monitor You Outside Work Hours?

Generally, employers do not automatically have unlimited authority to monitor everything an employee does simply because the employee uses a company device.

The distinction between work activity and personal activity can be particularly important.

For example, monitoring an employee’s use of a company system during work may be very different from continuously tracking the employee’s location after the employee has finished working.

State laws may impose additional restrictions.

For example, proposed Washington legislation addressing electronic monitoring would restrict certain monitoring of employees while they are off duty and not performing work-related tasks.

Because state laws differ, employees should not assume that monitoring permitted in one state is necessarily permitted in another.

Does Your Employer Have to Tell You About Monitoring Software?

Sometimes.

There is no single federal law requiring every employer in every situation to provide employees with the same type of notice before using monitoring software.

Instead, notice requirements may come from:

• State laws
• Federal laws
• Employment agreements
• Collective bargaining agreements
• Employer policies
• Company monitoring policies
• Consent agreements
• Industry-specific requirements

Some states have enacted specific electronic-monitoring notice requirements.

Connecticut, for example, generally requires employers engaging in electronic monitoring to provide prior written notice to affected employees describing the types of monitoring that may occur.

New York also has an electronic-monitoring notice law requiring covered employers to provide notice regarding certain monitoring of telephone, email, or internet usage.

The exact requirements depend on the state and the type of monitoring involved.

Can Your Employer Monitor You Without Your Consent?

Consent and notice are not always the same thing.

An employer may not necessarily need an employee to sign a separate consent form every time monitoring occurs.

In some circumstances, an employer may rely on:

• A workplace monitoring policy
• An employee handbook
• A computer-use agreement
• A login notification
• A written notice
• A signed employment agreement
• Applicable state law
• Other forms of consent

Federal electronic communications law also contains exceptions that can affect workplace monitoring, including circumstances involving consent and monitoring conducted in the ordinary course of business.

That means the legal question is not simply whether an employee personally said, “I agree.”

The circumstances surrounding the monitoring matter.

What If You Never Agreed to the Monitoring?

Not signing a separate monitoring agreement does not necessarily make workplace monitoring illegal.

For example, your employer may have a written policy stating that company computers, networks, email accounts, or other systems are subject to monitoring.

However, an employer policy also does not automatically override federal or state law.

If the monitoring violates an applicable law, a company policy cannot necessarily make the conduct lawful.

The important questions include:

• What is being monitored?
• Where is the monitoring occurring?
• What device is being monitored?
• What information is being collected?
• Did the employer provide legally required notice?
• Did the employee consent when consent is legally required?
• Is the monitoring occurring during working hours?
• What does the employer do with the information?
• Does state law provide additional protections?

Can Monitoring Software Record Everything You Do?

Monitoring software may be technically capable of collecting extensive information, but technical capability and legal authority are not necessarily the same thing.

For example, software might be capable of:

• Taking screenshots
• Recording keystrokes
• Tracking websites
• Monitoring applications
• Recording audio
• Accessing location information
• Recording video
• Monitoring communications

Whether an employer may lawfully use those capabilities depends on the circumstances and applicable law.

More intrusive monitoring can also raise different legal issues than basic monitoring of company-system activity.

Can Your Employer Use Keylogger Software?

A keylogger records or tracks keystrokes made on a computer.

Employers may have legitimate reasons to use technology that tracks computer activity, particularly on employer-owned equipment.

However, keylogging can become legally complicated if it captures information that employees reasonably expect to remain private or if it captures personal information unrelated to work.

For example, keylogging on a company computer may potentially capture:

• Passwords
• Personal messages
• Banking information
• Medical information
• Personal emails
• Other sensitive information

The legality of that monitoring depends on the circumstances and applicable law.

Employees should not assume that an employer has unlimited authority to capture every keystroke simply because the computer belongs to the company.

Can Your Employer Take Screenshots of Your Computer?

In some circumstances, employers may use software that periodically takes screenshots of an employee’s work computer.

An employer may use screenshots to:

• Monitor work activity
• Investigate security incidents
• Protect confidential information
• Verify work performed
• Investigate suspected misconduct

But screenshot monitoring can become more legally sensitive when employees use the same device for personal activity.

If screenshots capture personal information, private communications, passwords, medical information, or other sensitive material, additional legal issues may arise.

Employees should therefore understand whether their employer’s monitoring software operates continuously or only under particular circumstances.

Can Your Employer Monitor Your Webcam or Microphone?

Camera and microphone monitoring is substantially more intrusive than many forms of computer monitoring.

Employers should not assume that providing an employee with a company laptop gives them unlimited authority to activate its camera or microphone.

Federal and state laws may restrict interception or recording of communications, and some states impose additional restrictions on recording conversations or monitoring private areas.

State law can be especially important here.

For example, Connecticut prohibits certain electronic surveillance in areas designed for employees’ health or personal comfort, including restrooms and locker rooms.

Monitoring inside an employee’s home can create additional privacy concerns as well.

Can Your Employer Track Your Location?

Some employers use GPS or other location technology to track employees.

Location monitoring may be used for legitimate business reasons, including:

• Tracking company vehicles
• Dispatching employees
• Confirming job-site visits
• Protecting employees
• Tracking work time
• Managing field employees
• Protecting company property

But continuous location tracking can raise significant privacy concerns, particularly when tracking continues after an employee’s workday ends.

State law may impose specific restrictions or notice requirements on location monitoring.

Employees should therefore determine whether location tracking:

• Occurs only during work hours
• Continues after work
• Tracks a company vehicle
• Tracks a personal vehicle
• Tracks a company phone
• Tracks a personal phone

Those distinctions can matter legally.

Can Your Employer Monitor Your Personal Accounts?

Monitoring an employer-provided computer does not necessarily give an employer unlimited access to an employee’s personal accounts.

For example, there can be important differences between:

• A company email account
• A personal Gmail account
• A company messaging platform
• A personal messaging application
• A company computer
• A personal computer

Employees should not assume that their personal accounts lose all privacy simply because they accessed them from work.

At the same time, employees should be careful about accessing personal accounts from employer-owned devices because employer policies may permit monitoring of activity occurring on those systems.

Can Your Employer Monitor Your Personal Email?

Personal email presents another complicated issue.

The federal Electronic Communications Privacy Act and related laws can affect the interception and monitoring of electronic communications, but those laws contain important exceptions and do not create a simple rule that all personal email is private at work.

The circumstances matter, including:

• Whether the email account is personal or employer-provided
• Whether the employee is using a company device
• Whether the employee is using a company network
• Whether monitoring software is installed
• Whether the employer gave notice
• Whether the employee consented
• Whether the communication was intercepted or accessed later
• What state law provides

Employees should therefore avoid treating a work computer as a completely private environment.

Can Your Employer Monitor Your Browsing History?

An employer may be able to monitor browsing activity conducted through an employer’s computer, network, or other systems.

The employer’s ability to do so depends on the circumstances and applicable law.

This is particularly important when employees use a company computer to access personal websites.

Even if an employee uses a personal account, the employer may still be able to collect information about activity occurring on its systems.

For more information, see our guide on Can Your Employer See Your Browsing History?.

What If the Monitoring Software Is Always Running?

Continuous monitoring deserves particular attention.

There is a significant difference between software that:

• Monitors an employee while logged into a company system

and software that:

• Continues collecting information after the employee stops working.

If monitoring continues during personal time, the employer may be collecting information unrelated to the employee’s job.

Some state laws place specific restrictions on off-duty monitoring or require detailed notice concerning how and when monitoring occurs.

For example, Washington legislation concerning electronic monitoring would address when, where, and how frequently monitoring occurs, as well as how long monitoring data is retained.

The law applicable to an individual employee depends on the employee’s state and the status of the legislation.

Can Your Employer Monitor You Through an App on Your Personal Device?

This is one of the most important issues for remote workers.

If an employer requires an employee to install an application on a personal phone or computer, the employee should find out exactly what the application can access.

Before installing the application, look for information about:

• Location tracking
• Camera access
• Microphone access
• Contacts
• Photos
• Files
• Browsing history
• Application activity
• Device identifiers
• Monitoring hours
• Data retention
• Data sharing

Some states may impose additional restrictions on this type of monitoring.

For example, Washington legislation concerning electronic monitoring would restrict employers from requiring certain monitoring applications on personal devices unless specified conditions are met.

Because state laws change, employees should check the law currently in effect where they work rather than relying on a general statement about “the law.”

Can Your Employer Fire You for Refusing Monitoring Software?

Potentially, yes.

If monitoring is lawful, is reasonably related to the employee’s job, and is required as a legitimate condition of employment, an employer may potentially discipline or terminate an employee for refusing to comply.

But that is not the end of the analysis.

An employee may have legal protections if the monitoring requirement:

• Violates state law
• Violates federal law
• Requires unlawful recording or interception
• Violates a collective bargaining agreement
• Discriminates against the employee
• Is connected to unlawful retaliation
• Interferes with protected labor activity
• Violates another legally protected right

For example, the National Labor Relations Act protects many private-sector employees who act together regarding wages and working conditions. The National Labor Relations Board states that employers generally cannot discipline or threaten employees for protected concerted activity.

Monitoring policies therefore cannot lawfully be used as a way to interfere with employees’ protected rights.

Can Monitoring Software Be Used to Discipline Employees?

Yes, monitoring information may sometimes be used in employment decisions.

An employer may use monitoring information when evaluating:

• Productivity
• Attendance
• Work time
• Performance
• Compliance with company policies
• Security violations
• Misconduct
• Use of company resources

However, employers should be cautious about treating monitoring data as infallible.

For example, software may incorrectly interpret:

• Time away from a keyboard
• Reading documents
• Phone calls
• Meetings
• Training
• Research
• Breaks
• Work performed away from a computer

Some emerging state laws are specifically addressing the use of electronic monitoring and automated systems in employment decisions.

Washington legislation considered in 2026, for example, includes provisions concerning electronic monitoring used to assist with performance evaluations and requires certain notice regarding that monitoring.

Employees should therefore understand whether monitoring data is simply being collected or is being used to make decisions about discipline, promotion, compensation, or termination.

Does the Law Require Employers to Use the Least Intrusive Monitoring Method?

There is no universal federal rule requiring every employer to use the least intrusive monitoring method.

However, certain state laws may impose more specific requirements.

For example, Washington legislation concerning electronic monitoring would require, among other things, that covered monitoring be necessary for the stated purpose and use the least invasive means of accomplishing that purpose.

This illustrates why employee-monitoring law cannot be reduced to one nationwide rule.

The requirements can vary significantly by state.

What Privacy Rights Do Employees Have Under Federal Law?

The United States does not have one comprehensive federal employee privacy law that governs every type of workplace monitoring.

Instead, several federal laws may apply depending on what the employer is doing.

These can include laws involving:

• Electronic communications
• Wiretapping and interception
• Labor rights
• Disability-related medical information
• Genetic information
• Discrimination
• Wage and hour requirements
• Workplace safety
• Certain employee records

The applicable law depends on the type of information being collected and the circumstances surrounding the monitoring.

Does the Electronic Communications Privacy Act Protect Employees?

The federal Electronic Communications Privacy Act, including the Wiretap Act, can restrict certain interception of wire, oral, and electronic communications.

However, workplace monitoring can involve statutory exceptions, including circumstances involving consent and monitoring conducted in the ordinary course of business.

As a result, employees should not assume that the ECPA prohibits all employer monitoring.

At the same time, employers should not assume that the ECPA gives them unlimited authority to intercept communications.

The specific technology, communication, consent, purpose, and circumstances matter.

Does the NLRA Protect Employees From Workplace Surveillance?

The National Labor Relations Act can protect employees who engage in protected concerted activity concerning workplace issues.

This can include employees acting together to discuss or address:

• Wages
• Benefits
• Working conditions
• Safety
• Scheduling
• Other workplace concerns

The National Labor Relations Board recognizes that employers cannot lawfully interfere with, restrain, or retaliate against employees for protected concerted activity.

Monitoring technology cannot be used as a workaround for those protections.

For example, an employer may face legal issues if it uses surveillance specifically to identify employees participating in protected activity.

Are There State Laws About Employee Monitoring?

Yes.

State law is extremely important in employee-monitoring cases.

Some states impose requirements concerning:

• Notice
• Consent
• Recording
• Electronic communications
• Location tracking
• Personal devices
• Biometric information
• Data privacy
• Employee access to collected information
• Retention of monitoring data
• Monitoring in private areas
• Off-duty monitoring

Connecticut, for example, requires covered employers engaging in electronic monitoring to provide prior written notice to affected employees, with exceptions for certain investigations.

Other states have different rules.

Because employee-monitoring laws continue to develop, the law in your state may provide protections beyond federal law.

What Should You Do Before Installing Monitoring Software?

If your employer asks you to install monitoring software, don’t immediately assume that the request is illegal—or that you have no rights.

First, find out exactly what the software does.

Ask:

1. What information does the software collect?
2. When does monitoring occur?
3. Does monitoring continue outside work hours?
4. Does it monitor location?
5. Does it access personal files?
6. Does it access the camera or microphone?
7. Does it record keystrokes?
8. Does it take screenshots?
9. Who can access the information?
10. How long is the information retained?
11. Is the information shared with a third party?
12. Will monitoring data be used for performance evaluations or discipline?
13. Is the software required on a personal device?
14. Is an employer-owned device available instead?
15. What company policy authorizes the monitoring?

If the employer has provided a monitoring policy, read it carefully.

What If You Are Required to Install Monitoring Software on Your Personal Device?

If your employer wants to install monitoring software on a personal device, ask whether the employer will provide a company-owned alternative.

You should also determine whether the software can separate work activity from personal activity.

For example, monitoring that is limited to a company-managed work application may raise different issues from software that can monitor everything occurring on your personal computer.

If you are concerned that the software can access personal information, document what the employer has required and what the software’s privacy policy says it can collect.

Depending on your state, additional legal protections may apply.

What If You Believe the Monitoring Is Illegal?

If you believe your employer is monitoring you unlawfully, preserve evidence before confronting the employer.

Consider keeping copies of:

• Monitoring policies
• Employee handbook provisions
• Emails about the monitoring
• Written instructions
• Screenshots of software settings
• Privacy notices
• Consent forms
• Device-management policies
• Communications with HR
• Records showing when monitoring occurred

Do not improperly access confidential company systems or copy information you are not authorized to possess.

The goal is to preserve evidence of the monitoring requirement—not to create a separate workplace or cybersecurity violation.

You may also want to consult an employment attorney or your state labor agency, depending on the circumstances.

Can Your Employer Require Monitoring Software Without Giving You a Choice?

In some situations, yes.

Employment is often conditional on following reasonable workplace policies, particularly when employees use company equipment.

But an employer’s workplace policy does not override applicable law.

If a monitoring requirement conflicts with federal or state law, an employee may have legal rights regardless of what the employer’s policy says.

The more intrusive the monitoring is—and particularly when personal devices, personal accounts, private communications, location, cameras, microphones, or off-duty activity are involved—the more important it becomes to examine the specific law that applies.

What Are the Biggest Red Flags With Employee Monitoring Software?

Employees should take a closer look when monitoring software:

• Runs continuously outside working hours
• Tracks a personal phone
• Tracks a personal vehicle
• Accesses personal files
• Records private conversations
• Activates a camera or microphone
• Captures passwords
• Collects unrelated personal information
• Monitors employees in private areas
• Is used to identify employees exercising legal rights
• Is installed without required notice
• Is used for purposes different from those disclosed to employees
• Makes important employment decisions without appropriate human review where applicable law requires safeguards

One red flag does not automatically mean the monitoring is illegal. But it is a reason to examine the employer’s policy and applicable state and federal law.

Can Employers Monitor Remote Workers Legally?

Yes, employers can often monitor remote workers, but remote work does not eliminate employee privacy rights.

The key question is what the employer is monitoring and how it is doing so.

Monitoring a company laptop for security purposes is different from monitoring an employee’s personal computer around the clock.

Similarly, tracking an employee’s location while the employee is making deliveries may be different from tracking the employee’s personal location after the workday ends.

The legal analysis depends on the specific facts.

The Bottom Line: Can Your Employer Require You to Use Monitoring Software?

Can your employer require you to use monitoring software?

Often, yes—particularly when the software is used on employer-owned equipment for legitimate business purposes. But an employer’s right to monitor employees is not unlimited.

Federal and state laws may regulate employee monitoring, particularly when it involves electronic communications, personal devices, location tracking, recording, biometric information, private areas, off-duty activity, or protected labor activity.

Your rights may depend on:

• Your state
• The type of monitoring
• Whether the device is personal or employer-owned
• Whether you received notice
• Whether consent is legally required
• What information is collected
• When monitoring occurs
• How the information is used
• Whether monitoring is used to make employment decisions

If your employer requires monitoring software, read the monitoring policy carefully and determine exactly what information the software collects. If the monitoring appears unusually intrusive—or extends into your personal life—you may want to determine whether your state provides additional protections.

For more information about the types of information employers may collect, see our guide to What Information Can Your Employer Collect About You?.

You can also learn more about Employee Information and Data Privacy and Employee Surveillance Laws.

Frequently Asked Questions

Can my employer force me to install monitoring software?

An employer may be able to require monitoring software, particularly on employer-owned equipment, if the monitoring is lawful and related to legitimate workplace purposes. State law may impose additional restrictions.

Can my employer require monitoring software on my personal computer?

It depends on the circumstances and state law. Monitoring a personal device raises additional privacy concerns, particularly if the software can collect information unrelated to work.

Can my employer monitor me after work?

Not necessarily without limitation. Some state laws restrict certain forms of off-duty monitoring, and monitoring outside work hours may raise additional privacy concerns.

Does my employer have to tell me about monitoring software?

Sometimes. Several states have employee-monitoring notice requirements, although there is no single nationwide rule requiring identical notice in every situation.

Can my employer monitor my webcam?

Potentially, but webcam monitoring is highly intrusive and may be subject to federal or state restrictions depending on the circumstances.

Can my employer track my location?

Employers may be able to track location for legitimate business purposes in some circumstances, but state laws may impose restrictions or notice requirements, particularly when personal devices or off-duty tracking are involved.

Can I be fired for refusing monitoring software?

Potentially. If the monitoring requirement is lawful and is a legitimate condition of employment, refusing to comply could lead to discipline. However, employees may have legal protections if the monitoring requirement violates applicable law or interferes with protected rights.

What should I do if I think my employer is monitoring me illegally?

Save relevant policies, notices, and communications, determine what information is being collected, and consider contacting an employment attorney or appropriate government agency if you believe your legal rights have been violated.

Disclaimer

This article is for informational and educational purposes only and does not constitute legal advice. Employment-monitoring laws vary by state and individual circumstances. Federal and state laws can change, and the legality of a particular monitoring practice depends on the specific facts. If you have questions about your situation, consider consulting a qualified employment attorney or the appropriate government agency. Please read our Terms and Conditions.

Article: Can Your Employer Require You to Use Monitoring Software?