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What Employers Need to Know About Employee Privacy
In an age where anyone can look up almost anyone or anything online, the term "privacy" can be difficult to define. The meaning of the word becomes even more challenging when viewing privacy in the context of the workplace. Many employers struggle with not only identifying what is private protectable information, but also how to safeguard that information while also protecting the company's own business interests. A rise in remote or hybrid work situations has added another layer of complexity to this challenge. Given the increased costs of litigation, it is critical that employers understand their obligations under the law and how to strike a legally compliant balance between these competing interests.
Employee Records
Federal does not specifically regulate an employer's maintenance and handling of employee personnel records, although there are certain statutes that contain ancillary record-keeping provisions. For example, New Jersey's Paid Sick Leave Law requires that employers maintain records of hours accrued, used, and carried over by employees for a five year period. Also, employee medical records are afforded separate and greater legal protections pursuant to various federal and state laws.
Generally, however, employers should treat employee personnel files as confidential. They should be stored in a separate, secure location and the information contained therein should only be shared with individuals on a need-to-know basis. When and how an employee may gain access to this information is generally governed by company policy, or court order in the event of litigation.
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