Letting employees telecommute poses significant operational and management challenges to employers, not the least of which is ensuring that employees are actually doing their jobs and meeting expected productivity standards when working from home. Software, apps and other monitoring technology can go a long way in meeting this goal; but it can also get you into hot water under privacy and other laws. The best way to manage privacy liability risk is to include specific language in your telecommuting policies and arrangements that provides for monitoring. The idea is to let employees know exactly what you’re going to do and how, and ensure they don’t have reasonable expectations in the information collected. Here’s some model language you can adapt for your own use.
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