Is Your Employer Watching You? What California Workers Should Know About Workplace Monitoring
Is Your Boss Spying on You? What California Workers Need to Know About Workplace Surveillance
Ever wonder if your boss is watching your every move at work? If you use a company laptop, phone, or even just the office WiFi, there’s a good chance your employer has the ability to monitor your activity.
From tracking emails and Slack messages to secretly watching your screen and even listening in through your microphone, workplace surveillance is more common than most employees realize. And in California, while there are some privacy protections, the reality is that your employer may have more access to your data than you think.
So, what can you do about it? Let’s break it down.
Your Devices May Not Be as Private as You Think
If your employer gave you a laptop or phone, they own that device—which means they have the right to install software that tracks your activity. But even if you’re using your personal device, you’re not necessarily in the clear. If you’ve connected to work WiFi, downloaded company apps, or used a company email account, your activity could still be monitored.
Here are some ways your employer might be tracking you:
Mobile Device Management (MDM) Software – Allows employers to remotely control and monitor company-issued phones and laptops.
Location Services - Tracks where your devices, and likely you, are physically located.
Bossware (Employee Monitoring Software) – Tracks your keystrokes, website visits, and even takes screenshots of your screen.
WiFi & VPN Tracking – Employers can see what sites you visit, what messages you send, and even your social media activity if you’re on the company’s network.
Email & Workplace Apps – Messages sent through Outlook, Slack, Google Workspace, and other work tools may be accessible to your employer.
AI-Powered Monitoring – Advanced surveillance tools are emerging that analyze emails, chats, and behavior patterns to flag “concerning” activity.
While some companies use these tools for security reasons (like protecting sensitive data), others may use them to monitor employee productivity—or worse, to retaliate against workers who speak out about unfair treatment.
How to Check If You’re Being Watched
The good news? You don’t have to be completely in the dark about whether your employer is tracking you. Here are a few steps you can take to find out:
1. Check for Monitoring Software
On iPhone as of Feb. 10, 2025: Go to Settings → General → VPN & Device Management. If your employer has installed management software, you’ll see it here.
On Android as of Feb. 10, 2025: Look for Device Admin Apps in your settings (this name may vary depending on your phone).
On Windows Laptop as of Feb. 10, 2025: Go to Settings → Accounts → Access Work or School to see if your employer has remote access.
On Mac as of Feb. 10, 2025: Check System Settings → General → Sharing for remote access permissions.
2. Look for Suspicious Programs
On a PC, press Ctrl + Alt + Delete and open the Task Manager. On a Mac, open Activity Monitor from your Utilitiesfolder. Scroll through the running programs—if you see something you don’t recognize, Google it.
3. Check Your Browser Extensions
Some companies install browser extensions that track activity. Open your web browser settings and look for any unfamiliar extensions, especially if they were added without your knowledge.
4. Test Your Admin Access
If your computer frequently asks you for an “administrator” password to install programs or change settings, that could be a sign your employer has more control over the device than you do.
5. Watch Out for Remote Control Permissions
Your boss might be able to access your camera, microphone, and screen remotely. On a Mac, check System Settings → General → Sharing. On a Windows device, look under Settings → System.
How to Protect Your Privacy at Work
Even if your employer has surveillance tools in place, there are ways to maintain your privacy:
1. Keep Personal and Work Data Separate
Don’t use your work email for personal matters.
Avoid logging into personal accounts (like banking or social media) on a work computer.
If possible, use separate devices—one for work, one for personal use.
2. Avoid Using Work WiFi for Personal Activities
Your employer can see what you do while connected to their network. If you need to check personal emails, use your mobile hotspot instead.
3. Don’t Install Work Apps on Your Personal Device
If you download work apps (like Slack, Microsoft Teams, or company email) on your phone, your employer might gain access to your personal messages, location, and browsing history.
4. Use a Personal VPN for Private Browsing
If you must use company WiFi, a personal VPN can add a layer of protection by encrypting your internet activity. Just make sure it’s installed on a personal device without work software.
5. Be Cautious with Workplace Messaging Apps
Even if Slack, Teams, or Google Chat feels casual, assume your employer can see everything you type. If you need to discuss something sensitive, use an encrypted messaging app on your personal phone.
What Are Your Rights as a California Employee?
California has some of the strongest employee privacy laws in the country, but there are still loopholes employers can exploit.
Here’s what you need to know:
California’s Invasion of Privacy Act (CIPA) – It’s illegal for employers to secretly record employees without their consent. This includes video, audio, and digital monitoring.
California Labor Code Section 1198.5 – Employees have the right to request copies of their personnel records, which may include surveillance logs.
California Consumer Privacy Act (CCPA) – Some employees may have the right to request details about what personal data their employer has collected.
Private Right of Action – If your employer unlawfully records you or accesses your private data without consent, you may have legal recourse.
However, the law gets tricky when it comes to company-owned devices and networks. If your employer clearly states in a company policy that monitoring occurs, they may be legally allowed to track your activity.
What Can You Do If You Suspect Unlawful Surveillance?
If you believe your employer is crossing the line, here’s what you can do:
Review Workplace Policies – Your company handbook may disclose monitoring practices. If they haven’t informed you, that could be a legal issue.
Talk to Your Union (If You Have One) – Unions can negotiate for better workplace privacy protections.
Consult an Employment Lawyer – If you think your employer is violating your privacy rights, an attorney can help you understand your options.
At Central Coast Employment Law, we fight for workers who are mistreated, including those facing whistleblower retaliation, wrongful termination, or illegal surveillance. If you have concerns about workplace monitoring, we offer free, confidential case evaluations.
Final Thoughts: Assume You’re Being Watched
The harsh reality? If you’re using a company device or network, assume your employer has access to what you’re doing. While there are steps you can take to protect your privacy, the best defense is keeping your personal and work life separate.
If you ever feel like you’re being targeted, monitored unfairly, or retaliated against because of something your employer found in surveillance, don’t hesitate to reach out. You have rights, and we’re here to help.
Need advice? Contact Central Coast Employment Law today.