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Employers can install recording devices in any location that is used primarily for work.

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The battle for workplace privacy is over; privacy lost. 1996), the court held that an employer could read personal e-mails even when it had told employees it would not. The bottom line is that employers can monitor every e-mail, text message, Web site visit, or other activity that takes place on a company-owned device.

Despite repeated language in judicial opinions regarding the need to balance the competing rights of employers and employees, no balancing occurs. Despite the reassuring language about the need for balance, no employee has ever won a case against his or her employer for computer monitoring.

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The actual test of whether an employee has a reasonable expectation of privacy is who owns the equipment used to transmit the message. There are two areas in which there remains some legal protection for workplace privacy. § 2510, employers are given an exemption for calls made “in the ordinary course of business.” Courts interpret this to mean that employers can eavesdrop on all business telephone calls but cannot listen to or record messages it knows are personal.

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