Is Employee Monitoring Software Legal in the US?
Updated June 6, 2026
Short answer: monitoring company-owned devices is generally legal in the US — but the details matter, and a few states add notice or consent rules. Here's a plain-English overview (not legal advice) and how to stay on the right side of it.
The general rule
On company-owned equipment, employers generally may monitor work activity. The federal Electronic Communications Privacy Act allows monitoring for legitimate business purposes and with consent. The bigger risks are state laws, personal devices, and anything that captures private communications.
Where notice or consent comes in
Several states are stricter. The safe path is always to disclose monitoring in writing.
| Situation | Typical rule |
|---|---|
| Company device, disclosed | Generally allowed |
| Notice/consent states (e.g. CT, DE, NY) | Written notice often required |
| Personal devices (BYOD) | Much more restricted — get consent |
| Recording audio/video | Wiretap/consent laws apply |
| Secret monitoring, no policy | Risky — avoid |
How to monitor lawfully
Compliance is mostly about transparency and proportionality.
Orvella Time is built for lawful, transparent monitoring — disclosed, per-person, and counts-only. Pair it with a clear policy and you're on solid ground.
Frequently asked questions
Is it legal to monitor employees without telling them?
It varies by state and is risky generally. Best practice — and the law in several states — is clear written notice. Disclosed monitoring on company devices is the safe path.
Can employers monitor personal devices?
Far more restricted. Monitoring BYOD devices typically requires explicit consent and a narrow scope. Most employers limit monitoring to company-owned equipment.
Does Orvella help with compliant monitoring?
Yes — Orvella Time is disclosed, per-person, and counts-only (no keystroke content), which aligns with transparent, proportionate monitoring. Still confirm specifics with counsel.