A different room to check

Most employers are watching more than you think

Most employees don't know it. This isn't a story about a villain in HR — it's the same principle as checking a hotel room: knowing what's actually there is a normal, competent thing to do.

A February 2025 survey of 1,500 US employers by ExpressVPN found 74% use some form of digital employee monitoring, rising to 94–96% for remote or hybrid teams — and only 22% of the 1,500 employees surveyed in the same study knew they were being watched. That gap is the whole reason this page exists.

Is this even legal where you work?

On a company device, on company time, using company software: assume almost no expectation of privacy unless your state says otherwise. A handful of states require advance notice before electronic monitoring:

• Connecticut (Gen. Stat. §31-48d) — prior written notice before monitoring email, internet, or phone use.
• Delaware (Del. Code tit. 19 §705) — similar prior-notice requirement, employee must acknowledge receipt.
• New York (Civil Rights Law §52-c, effective 2022) — written notice at hiring plus posted notice.
• Maine (26 M.R.S. §620-A) — a new employer-surveillance notice law, enacted January 11, 2026, takes effect July 14, 2026.

Most states have no notice requirement at all. That absence is itself useful information: if you're not in one of the states above, assume monitoring can happen silently.

What your employer can typically see

• Screen activity — periodic screenshots or continuous recording.
• Keystrokes and app/website usage — time per app, idle tracking, sometimes keylogging.
• Email, Slack, Teams, and other workplace messaging — admins typically have full access as a matter of course, not just during an investigation.
• Location and badge data — building access logs, VPN connection points, GPS on company vehicles.
• Network traffic — sites visited, files moved; even over an encrypted connection, the fact you visited a site is usually loggable.

None of this requires a warrant. It's typically disclosed somewhere in a handbook you signed and never read.

Where it can cross a line

• Cameras or mics in break rooms, bathrooms, or locker rooms. Every state's hidden-camera voyeurism statute applies at work exactly like it applies in a rental — see the citation for your state.
• Monitoring a personal device without a clear BYOD policy. If you use your own phone for work email, check whether the MDM software has any access beyond the work container.
• Off-duty personal social media. A minority of states protect employees from discipline over off-duty, non-work social media activity — worth checking specifically for your state.

The 10-minute self-check

1. Pull your handbook or device-use policy — search it for "monitor," "record," or "track."
2. Check your company laptop's management profile. Mac: System Settings → Profiles. Windows: Settings → Accounts → Access work or school. A profile being present is normal for a company device — the goal is knowing it's there.
3. Walk shared spaces you use regularly — break rooms, bathrooms, locker rooms — using the same sightline-and-power check taught in the room-sweep. Visible cameras in a break room for loss prevention are standard; anything hidden in those specific rooms is not.
4. Check what your work chat tool discloses to admins — most enterprise tools publish an admin-capabilities page.

If you find something that doesn't look right

1. Document it — where, when, what it is — without touching or disabling it.
2. Check your state's notice-law status above. If your state requires notice and you never got one, that's a specific fact worth raising.
3. Go to HR or the handbook's stated channel first, not a public post — most monitoring gaps are policy oversights, not conspiracies.
4. A hidden camera/mic in a bathroom or locker room is a criminal matter in every state — that goes to your labor board or, for the camera specifically, local police.

General information, not legal advice — an employment attorney is the right next call for anything that doesn't resolve through HR.

The Workplace Privacy Checklist

Want the full checklist, offline, to run in ten minutes? What your employer can actually see on a company device or network, which states require notice, and the 10-minute self-check that tells you where you stand.

Get the Workplace Privacy Checklist — $19

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