How to Monitor Your Employees — While Respecting Their Privacy
A recent survey found that 55 percent of millennials that had partaken in the survey plan to leave employers that prioritize profits over people. Read this blog post to learn more.
Even before Covid-19 sent an unprecedented number of people to work from home, employers were ramping up their efforts to monitor employee productivity. A 2018 Gartner report revealed that of 239 large corporations, 50% were monitoring the content of employee emails and social media accounts, along with who they met with and how they utilized their workspaces. A year later an Accenture survey of C-suite executives reported that 62% of their organizations were leveraging new tools to collect data on their employees.
These statistics were gathered before the coronavirus pandemic, which has made working from home a necessity for thousands of companies. With that transition having happened so rapidly, employers are left wondering how much work is actually going on. The fear of productivity losses, mingling with the horror of massively declining revenues, has encouraged many leaders to ramp up their employee monitoring efforts.
There is no shortage of digital tools for employee monitoring — or, as privacy advocates put it, “corporate surveillance.” Multiple services enable stealth monitoring, live video feeds, keyboard tracking, optical character recognition, keystroke recording, or location tracking. One such company, Hubstaff, implements random screen capture that can be customized for each person and set to report “once, twice, or three times per 10 minutes,” if managers so wish. Another company, Teramind, captures all keyboard activity and records “all information to comprehensive logs [that] can be used to formulate a base of user-based behavior analytics.”
Despite the easy availability of options, however, monitoring comes with real risk to the companies that pursue it. Surveillance threatens to erode trust between employers and employees. Accenture found that 52% of employees believe that mishandling of data damages trust — and only 30% of the C-suite executives who were polled reported themselves as “confident” that the data would always be used responsibly. Employees who are now subject to new levels of surveillance report being both “incredibly stressed out” by the constant monitoring and also afraid to speak up, a recipe for not only dissatisfaction but also burnout, both of which — ironically — decrease productivity. Worse, monitoring can invite a backlash: In October of 2019 Google employees went public about spy tools allegedly created to suppress internal dissent.
Tempting as it may be to implement monitoring in the service of protecting productivity, it also stands in stark contrast to recent trends in the corporate world. Many organizations have committed to fostering a better employee experience, with a particular focus on diversity and inclusion. There are not only strong ethical reasons for having one’s eye on that ball, but good bottom line reasons as well. The Deloitte Global Millennial Survey from 2019 found that 55% of millennials plan to leave employers that prioritize profits over people. Retention — which should be a priority for all companies, given the high expense of making and onboarding new hires — becomes difficult and costly for companies that don’t reflect those values. Given the risk of alienating employees coupled with the possibility of error and misapplication of these tools, it is quite likely that, for many, the juice just isn’t worth the squeeze.
Even so, some companies will still find it worth the tradeoffs. Justified fear of a collapsing economy reasonably drives employers to monitor their employees to ensure they are being productive and efficient. Indeed, they may even have ethically admirable aims in doing so, such as for the sake of their employees’ health and the health of the country as a whole. Furthermore, if the tools are deployed with the goal of discovering which employees are in need of additional help — more on this below — that may be all the more reason to monitor. But if your business concludes that it ought to monitor employees (for whatever reason), it is important to do so in a way that maximally respects its employees.
Here are six recommendations on how to walk this tightrope.
1. Choose your metrics carefully by involving all relevant stakeholders.
Applying numbers to things is easy, as is making quick judgments based on numeric scores spit out by a piece of software. This leads to both unnecessary surveillance and ill-formed decisions. It’s simply too easy to react to information that, in practice, is irrelevant to productivity, efficiency, and revenue. If you insist on monitoring employees, make sure what you’re tracking is relevant and necessary. Simply monitoring the quantity of emails written or read, for instance, is not a reliable indicator of productivity.
If you want the right metrics, then engage all of the relevant stakeholders in the process to determine those metrics, from hiring managers to supervisors to those who are actually being monitored. With regards to employee engagement it is especially important to reach both experienced and new employees, and that they are able to deliver their input in a setting where there is no fear of reprisal. For instance, they can be in discussion with a supervisor — but preferably not their direct supervisor, who has the authority to fire or promote them.
2. Be transparent with your employees about what you’re monitoring and why.
Part and parcel of respecting someone is that you take the time to openly and honestly communicate with them. Tell your employees what you’re monitoring and why. Give them the opportunity to offer feedback. Share the results of the monitoring with them and, crucially, provide a system by which they can appeal decisions about their career influenced by the data collected.
Transparency increases employee acceptance rates. Gartner found that only 30% of employees were comfortable with their employer monitoring their email. But in the same study, when an employer shared that they would be monitoring and explained why, more than 50% of workers reported being comfortable with it.
3. Offer carrots as well as sticks.
Monitoring or surveillance software is implicitly tied to overseers who are bent on compliance and submission. Oppressive governments, for example, tie surveillance with threats of fines and imprisonment. But you don’t need to pursue monitoring as a method of oppression. You would do better to think about it as a tool by which you can figure out how to help your employees be more productive or reward them for their hustle. That means thinking about what kinds of carrots can be used to motivate and boost relevant numbers, not just sticks to discourage inefficiencies.
4. Accept that very good workers will not always be able to do very good work all the time — especially under present circumstances.
These are unique times and it would be wrong — both ethically and factually — to make decisions about who is and who is not a good employee or a hard worker based on performance under these conditions. Some very hard-working and talented employees may be stretched extraordinarily thin due to a lack of school and child care options, for instance. These are people you want to keep because, in the long run, they provide a tremendous amount of value. Ensure that your supervisors take the time to talk to their supervisees when the numbers aren’t what you want them to be. And again, that conversation should reflect an understanding of the employee’s situation and focus on creative solutions, not threats.
5. Monitor your own systems to ensure that people of color and other vulnerable groups are not disproportionately affected.
Central to any company’s diversity and inclusion effort is a commitment to eliminating any discrimination against traditionally marginalized populations. Precisely because they have been marginalized, those populations tend to occupy more junior roles in an organization — and junior roles often suffer the most scrutiny. This means that there is a risk of disproportionately surveilling the very groups a company’s inclusivity efforts are designed to protect, which invites significant ethical, reputational, and legal risks.
If employee monitoring is being used, it is important that the most junior people are not surveilled to a greater extent than their managers, or at least not to an extent that places special burdens on them. For instance, it would be particularly troublesome if very junior employees received a level of surveillance — say, sentiment analysis or keyboard logging — that only slightly more senior people did not. A policy that says, “This is how we monitor all employees” raises fewer ethical red flags than a policy that says, “This is how we monitor most employees, except for the most junior ones, who undergo a great deal more surveillance.” Equal application of the law, in other words, legitimately blunts the force of charges of discrimination.
6. Decrease monitoring when and where you can.
The impulse to monitor is understandable, especially in these times. But as people return to their offices — and even as some continue to work from home — look for places to pull back monitoring efforts where things are going well. This communicates trust to employees. It also corrects for the tendency to acquire more control than necessary when circumstances are not as severe as they once were.
At the end of the day, your employees are your most valuable assets. They possess institutional knowledge and skills others do not. You’ve invested time and money in them and they are very expensive to replace. Treating them with respect is not only something they deserve — it’s crucial for a company’s retention efforts. If your company does choose to move ahead with surveillance software in this climate, you need to remind yourself that you are not the police. You should be monitoring employees not with a raised baton, but with an outstretched hand.
SOURCE: Blackman, R. (28 May 2020) "How to Monitor Your Employees — While Respecting Their Privacy" (Web Blog Post). Retrieved from https://hbr.org/2020/05/how-to-monitor-your-employees-while-respecting-their-privacy
Remote Work Policies Should Now Stress Flexibility
While employers are in the midst of distributing guidelines for employees working remotely, it's important for management to also outline policies and procedures for working remotely. Read this blog post to learn more.
Organizations are implementing remote-work arrangements for their employees due to the COVID-19 coronavirus outbreak—many for the first time—and need to be able to outline expectations and guidelines for working outside the office.
Generally, remote-work policies cover eligibility, working expectations, legal considerations and technology issues, but, during these extraordinary circumstances, flexibility is paramount.
We're undergoing one of the biggest changes in history in how people work, said Brian Kropp, chief of research in the HR practice at Gartner, a research and advisory firm in Arlington, Va. "We have a set of people who have never worked from home who are now doing it full time. We also have a set of managers who have never managed people working from home. Under these circumstances, the policies shouldn't be thought of as managing productivity, but more a set of guidelines and norms for people managing and working in a brand-new way."
Kropp said that employers should design their remote-work policies around outcomes, not workflows and processes. "The idea is that employees are expected to accomplish their goals, but how they do it and when they do it is flexible."
Just applying a traditional telecommuting policy to all workers during this unprecedented situation will lead to problems, Kropp said. "Look at your current policy and see what makes sense in this situation, and, if you're not sure, lean toward flexibility and trust as opposed to measuring and monitoring your employees. If employees are not given flexibility, it will be harder for them in their personal lives and they will feel that they are not trusted, which will come back to bite the organization when we come out of this."
Gregory Abrams, an attorney in the Chicago office of Faegre Drinker, said that being flexible with remote workers right now is not only good management practice but necessary, considering the quickly changing legal landscape.
"Clear policies are always advisable, but employers must be ready to adjust quickly as circumstances change," he said, noting that new Department of Labor guidelines could affect remote work. "Policies should clarify that expectations are subject to change quickly and unexpectedly given the current climate."
With flexibility as a guide, there are certain core elements of working from home that should be addressed in a written policy.
Define Eligibility and Duration
First, companies should define whom the policy covers and when it applies, as some workers may still be required to be at the worksite and others may not be able to work remotely. Employers may want to clarify whether the policy is only in effect during the coronavirus-related shutdown.
Kropp advised employers not to promise a definitive date to return to the office or termination of the telework policy due to general uncertainty about the duration of COVID-19.
A remote-work policy should include a clause that it may be discontinued at will and at any time.
Working Expectations
Experts agreed that evaluation of remote workers' performance should focus on work output and completion of objectives rather than on time-based performance.
"There are managers that think their employees are sitting at home watching TV all day instead of in front of their laptop working," Kropp said. "The mistake that these managers make is that they are confusing a remote-work policy with a performance management problem. The same employee who sits in front of the TV all day instead of working was probably already not working to his full potential in the office. That employee is not engaged, or the manager is not effectively providing direction."
An appropriate level of communication between employees and their managers should be spelled out in the policy, including expectations of availability, responsiveness and what modes of communication are to be used.
"When you're not meeting with team members in person, creating processes for collaboration and communication are key," said Rebecca Corliss, vice president of marketing for Owl Labs, a Boston-based telecommunications company. "Consider what types of communication tools work best in situations like manager one-on-ones, team all-hands meetings or employee learning and development activities."
Kropp said that, traditionally, there has been an expectation that video calls and meetings from home would be professional and "office-like." Companies are realizing that can be difficult with what's going on now, he added. "A lot of workers are parents with kids at home or taking care of an older parent. A kid will show up crying during one of your WebEx calls. It's going to happen, so companies are relaxing the constraints around what 'professional' and 'office-like' means. Obviously, you can't walk around in your underwear during a video call, but 'appropriate' rather than 'office-like' is a better way to show understanding of the struggles everyone is experiencing."
Legal Issues to Grant
Remote workers are entitled to the same legal protections that in-office workers have, Corliss said. "Working remotely can present some added challenges that need to be addressed to ensure your company is legally compliant," she noted.
One of the most obvious compliance areas to address with remote employees is recording the hours of workers not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA).
Employers must ensure that hourly employees know "the number of hours they are expected to work, what they should do if they need to work outside of scheduled work hours, how to report time, and how to communicate about unanticipated overtime," Abrams said. "There are legions of cases where nonexempt employees allege that they worked off the clock while at home, and you can see a similar scenario playing out during this crisis."
The policy should be clear that all nonexempt telecommuting employees are required to accurately record all hours worked using the employer's time-keeping system. Hours worked in excess of those scheduled per day and per workweek should require the advance approval of a supervisor. But even if employees are instructed not to work more than 40 hours a week, they still must be paid overtime if they do.
"Set up a process to report hours for hourly remote workers," Corliss said. "To avoid high overtime costs, select times that employees should and shouldn't be working. With clear guidelines, they won't be able to work outside of these hours unless they have permission from their manager. This makes it easier to avoid employees accidentally working more hours than intended."
Abrams added that states have various laws about meal breaks, rest breaks, and how many consecutive hours one can work, and remote work policies need to be mindful of those as well. There could also be Americans with Disabilities Act issues, he said, if accommodations need to be made for remote workers.
Employers are also responsible for remote workers' health and safety. Some companies prefer or require an employee's remote work environment to be approved prior to working remotely.
Injuries sustained by an employee in a home office location and in conjunction with his or her regular work duties are normally covered by a company's workers' compensation policy. Remote employees are responsible for notifying the employer of such injuries as soon as possible.
Technology and Supplies
Remote workers need the right tools to complete their work. Employers need to be clear about what equipment and resources they will provide, whether laptops and videoconferencing tools or payments for office supplies, phone calls, shipping and home-office modifications.
Who pays for home technology is up to the company, but a policy should set expectations to make sure everyone is on the same page, Kropp said. "Both employees and employers must agree on what each is expected to deliver. For example, some companies will pay for high-quality home Wi-Fi, and others are expecting that the worker already have it at home."
For many employees, a laptop and a Wi-Fi connection might not be enough, Corliss said. "You'll also need policies and tools in place for remote team collaboration and communication, like live chat, synchronous screencast recording, live video conferencing and more to ensure technology doesn't get in the way of an effective and meaningful work relationship. Slack and Google Hangouts can act as a virtual water cooler, where employees can discuss the status of a project but also debrief on TV shows, share GIFs and bond over their favorite music."
Companies also should specify the level of tech support they will offer to remote workers and outline what remote employees should do when having technical difficulties.
Employers need to pay extra attention to securing the technology their remote workforce is using. The COVID-19 pandemic is providing plenty of new opportunities for cybercriminals to exploit unsecured technology systems, overworked information technology (IT) staff and panicked employees who are new to working from home.
"In the course of developing communications to employees, examine existing policies closely, such as confidentiality, information security, business continuity, BYOD," said Joseph Lazzarotti, an attorney in the Morristown, N.J., office of Jackson Lewis. "If companies have specific requests, for example if they don't want employees working on public Wi-Fi, then that should be stated in the policy."
SOURCE: Maurer, R. (02 April 2020) "Remote Work Policies Should Now Stress Flexibility" (Web Blog Post). Retrieved from https://www.shrm.org/hr-today/news/hr-news/Pages/Remote-Work-Policies-Should-Now-Stress-Flexibility.aspx