Workplace Boundaries for Wearable Tech, Online Reviews, and Employee Travel

Can I prohibit smart glasses?

Question: Several employees have asked about wearing Meta glasses to work. Being a medical office, we are constantly dealing with sensitive patient information, and I feel that allowing employees to wear these glasses while working would be too risky. I’m also worried about employees who won’t have the same glasses feeling like they’re being monitored. Can I prohibit them in the office?

The Legal Side: Yes, you can prohibit employees from wearing recording-enabled devices like Meta smart glasses while working, and in a healthcare setting, you should. Devices that can record audio, video, or images pose a clear risk of capturing protected health information when used in patient areas, treatment areas, or when computer screens display patient information. It’s the perfect set up for a HIPAA violation. 

Even if employees intend to use the glasses for personal reasons, the mere presence of a device with recording capability puts you at risk of violating laws and regulations. All it takes is one accidental (or intentional) recording for PHI to be compromised, which can lead to serious legal and financial consequences for the practice.

There are also state privacy laws to consider. Some states require that all parties consent to being recorded. This means that employees need to disclose anytime the glasses are actively recording and other employees or patients need to consent to being filmed. Even without the HIPAA concerns, this just isn’t practical.

Prohibiting recording-capable devices in the workplace, especially in patient care areas, is not just reasonable. It is a necessary step to remain compliant with HIPAA and protect patient privacy.

The Human Side: From a practical standpoint, your instinct here makes sense. Patients expect privacy in a healthcare facility, and anything that looks like it could record them can make people uncomfortable. Staff may also feel uneasy if they think they are being filmed while working.

The best approach is to enforce a policy that protects patient privacy and maintains a comfortable environment for both patients and employees. Let employees know that wearable technology capable of recording or transmitting audio or video is not permitted during work hours or in patient care areas, and that if they need glasses for sight, they should use an alternative during work hours. 

P.S.: Don’t forget to have your employees actually review and sign the policy. You can do this with just a few clicks by using CEDR’s backstageHR software.

How do I stop former employees from bad mouthing my business on social media?

Question: How do I stop a former employee from making negative comments about my business on social media? The things they are saying are not true, and I don’t want this to impact our reputation. 

The Legal Side: There is rarely a quick or easy way to stop a former employee from speaking about your business online. In most cases, people are allowed to share their opinions about their former workplace, even if those opinions are negative. Your gut may want to claim defamation, but this is hard to prove. In most cases, pursuing legal action can create more attention around the issue than the original posts.

There’s also the fact that employees and former employees have the right to discuss workplace conditions under the National Labor Relations Act. Posts about pay, management, scheduling, or workplace treatment are typically protected, even if they’re negative. 

That said, if the comments cross into clear harassment, threats, or knowingly false factual claims, it may be worth speaking with an attorney about your options.

The Human Side: Rule #1: don’t feed the bear, and the bear will go away. 

The instinct to shut this down immediately is understandable. No business owner enjoys seeing their work criticized publicly, especially when it feels unfair. However, engaging directly with a former employee online often fuels the situation rather than resolving it.

The fact is that most situations like this fade over time, especially if the employee left on bad terms.  As frustrating as it is, they’re usually just looking to vent. Unless the posts are a safety concern or harassment, the best course of action is to let it blow over.

Is it okay to ask employees to share hotel rooms during work travel?

Question:Several of my employees are going out of town for an overnight work event. Can I ask them to share rooms to save some money?

The Legal Side: There is no law that specifically prohibits employees from sharing hotel rooms during work travel. The risk comes from the situations that can arise once two coworkers are placed in a private space together.

For example, if one employee later raises a sexual harassment complaint based on something that occurred in the room, the employer may find themselves pulled into an investigation tied directly to the decision to assign roommates. Assigning rooms based on gender does not eliminate this risk, nor does attempting to sort employees by sexual orientation.

Room sharing can also lead to coworkers learning personal information that an employee may prefer to keep private. This might include medical conditions, religious practices, or sensitive matters overheard during a phone call. If that information spreads among the team, it can quickly become an HR issue that did not need to exist in the first place.

The Human Side: Truthfully, most people would not choose to share a hotel room with a coworker outside of a work trip. Even employees who get along well during the workday may not feel comfortable sharing personal space overnight.

Booking individual rooms is the simplest way to avoid tension and keep the focus on the purpose of the trip. While it may cost more upfront, it often saves headaches later and helps ensure the event stays positive for everyone involved.

If sharing rooms is absolutely necessary, try to make it as comfortable as possible for the team. Allow employees to have input on who they share with, and make it clear that they can raise concerns without backlash. Being flexible goes a long way toward preventing the trip from becoming something employees dread instead of something they look forward to.