With the growing popularity of smart glasses and other wearable technology, we have heard a growing number of questions from clients concerned about employees’ use of these devices at work. Some concerns relate to potential recording of confidential business information or co-worker privacy issues, while other employers believe that employees are using the devices to watch videos or engage in other time-wasting activities. These clients have asked about their ability to limit or ban the use of wearable technology devices at work.

In general, employers have the ability to create policies that restrict use of these devices. Companies have legitimate business reasons to protect their confidential information from disclosure. The policy can also address productivity and employee privacy concerns. If a worker claims that the device is needed as an accommodation for a disabling medical condition, the employer should review the request, determine if it presents an undue hardship, and put into place limits on the use of the device to take into account the above business concerns.

The policy should avoid a blanket ban on all workplace recordings. National Labor Relations Board decisions have called into question the legality of such policies when they are not tailored to legitimate business concerns. Employers may want to limit the policy to working time and non-working time in sensitive areas of the facility and not ban appropriate use of wearable tech during breaks.

As the nature and capabilities of these devices change, employers should monitor and adapt their policies. In some situations, employers may determine that wearable technology, when used with appropriate guidelines, can enhance employee productivity at work. With a few exceptions, companies have the ability to determine when, where, how, and whether they should incorporate use of wearable tech into their workplaces.

For more information, please contact me or your regular Parker Poe contact. Click here to subscribe to our latest alerts and insights.