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https://www.legalmatch.com/law-library/article/employee-privacy-during-off-work-hours.html#:~:text=Both%20the%20U.S.%20Constitution%20and%20some%20state%20constitutions,lawful%20private%20conduct%20of%20employees%20during%20off-work%20hours.
https://www.legalmatch.com/law-library/article/employee-privacy-during-off-work-hours.html
There are a number of protections provided for individuals’ right to privacy from their employers during their off-duty hours. Both the U.S. Constitution and some state constitutions have been interpreted as including a right to privacy. All states have laws that protect the privacy of individuals, and some states have laws that specifically say that an employer cannot look into the lawful private …
https://www.upcounsel.com/employee-privacy-rights
Employees may have subjective expectations of privacy due to passwords, information segregation, or the use of electronic lockboxes, but an employer’s policies may eliminate any objective expectation of privacy, and some technology might simply not be considered private. Because laws related to employee’s privacy expectations have not caught up with the technology available to …
https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/off-duty.aspx
Sometimes nonexempt employees check e-mails remotely while they are off duty, which violates the Fair Labor Standards Act if they aren't being paid for work time.
https://www.workplacefairness.org/off-duty-conduct
There is no single law protecting the rights of employees while they are off work. Instead, other areas of the law, such as discrimination, drug testing, and harassment laws, protect an employee's off-duty conduct. Therefore, each different off-duty conduct issue must be looked at carefully. This page provides answers to many common questions about off-duty conduct, but for issues with off-duty conduct it is …
https://businesslaw.uslegal.com/the-employees-right-to-privacy-and-management-of-personal-information/
Employers may regulate the off-work activities of its employees where they believe that the off-work conduct affects the employee’s performance at the workplace. This legal arena is a challenging one since, in the at-will environment, employers can generally impose whatever rules they wish, as long as they don’t run afoul of common law privacy protections.
https://employmentlawmatters.com/talent-performance/is/
an employee who, following a relationship breakup with a work colleague, posts intimate images or sexual videos on social media (an act known as “revenge porn”) may be validly terminated because of the ongoing harm and violation the publication can cause to the victim and the effect it may have on her dealings with their other work colleagues. Whether an employee’s out of hours conduct …
https://privacyrights.org/consumer-guides/workplace-privacy-and-employee-monitoring
Some states have laws that prohibit employers from disciplining an employee based on off-duty activity on social networking sites, unless the activity can be shown to damage the company in some way. In general, posts that are work-related have the potential to cause the company damage.
https://www.simplicityhr.com/employment-law/off-duty-behavior/
This may include time off to attend Alcoholics Anonymous meetings or for a rehab program. If the employee appears intoxicated at work, then that is a different matter that also requires careful attention. See: Drunk at Work: What HR Can Do About Employees Drinking on the Job (Society for Human Resources Management). A written, consistently ...
https://www.usatoday.com/story/news/world/2021/11/10/portugal-law-bans-boss-contact-employees-after-work-hours/6367092001/
A law passed by the Portuguese parliament makes it illegal for employers to contact employees after work hours, a step the country has made to promote healthier work-life balance amid a …
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