Workplace Policies for Wearable Recording Technology

Managing Smart Glasses Risks

As wearable recording technology such as Meta Ray-Ban smart glasses becomes more common in the workplace, employers are asking whether they can prohibit employees from using them at work. In most cases, employers may implement policies restricting or prohibiting smart glasses and similar personal recording devices in the workplace, particularly where there are legitimate concerns regarding confidentiality, trade secrets, workplace safety, customer privacy, or compliance with industry-specific regulations. However, any policy should be carefully drafted, consistently enforced, and tailored to legitimate business needs. Employers should consider potential accommodation obligations under applicable disability laws if an employee uses wearable technology for accessibility purposes.

Importantly, the existence of a workplace policy does not eliminate an employer’s obligation to engage in the interactive process when an employee seeks to use wearable recording technology as a reasonable accommodation. In addition, employers should ensure that any restrictions comply with the National Labor Relations Act (NLRA), as overly broad policies could be challenged if a reasonable employee could interpret the policy as discouraging protected concerted activity. Reviewing existing electronic device, recording, and privacy policies to address emerging technologies can help reduce legal and operational risks while maintaining a productive workplace.

For questions about implementing or updating a workplace technology policy, please contact a member of our Labor and Employment team listed below.