Wearable devices, such as Apple Watches, that are commonly used by runners and health enthusiasts are now also in demand in workplace. Employers and even health-insurancwe providers use these wearable devices to keep track of the employees' productivity, health and safety. While this is a big help, it also gives potential headaches and legal concerns to employers.
Many companies today encourage or require their employees to use wearables, such as fitness trackers, as part of their employee wellness programs. These devices allow employees to share their number of hours of sleep with their employers or health-insurance providers. Because of this, employers can collect personal data with regards to their employees' health and physical movement which triggers a lot of raised issues about privacy and ethics.
Kelly Kenol, VP of operations at Spire Wellness, said that about 40 to 50 percent of employers that have wellness programs use fitness trackers. However, Kenol reiterated that the use of tracking plans are strictly optional. Also, employers do not have direct access to the employee's data. Usually, third party providers can access and maintain the data from the wearable devices. So what is the legal issue here?
Jason Geller, a partner in a US law firm Fisher & Phillips, said that employers who mandate using wearables to its employees should develop clear policies and rationales. The policies should be clearly discussed to all employees concerned that the data collected is solely for the use of job-related reasons and that it has limits. Usually, the employers use the data collected for checking the productivity which is the basis of promotions, salary increase or terminations. However, less healthy employees or those with disabilities can claim that the company is discriminating them. According to Philip Gordon, from the law firm Littler Mendelson PC, said that claims like this might be labeled under Americans Disabilities Act, which is considered a high risk for employers.
Another issue with wearables in workplace is the privacy or confidentiality. Most wearables have features that can record location, audio and data sensitive information, employers need to have a stern policy on when it should be switched off. For example, employees might be charged of spying when they attended a meeting and the recording feature is on.
One employment law associate at Polsinelli PC, named Stan Hill, said that to prevent these privacy issues, employers should create a policy mandating employees to turn over all devices outside official working hours. This is to protect confidential and information of the company as well as the welfare of the employee.
