We earn a commission when you buy through our links. Commissions never change a score — the rubric is public.Advertising Disclosure
RankingRight
ElectronicsKids Learning AppsLaptopsMattressesOnline CoursesOnline TherapyPet InsuranceTax SoftwareTravel InsuranceVPN ServicesVideo Editing SoftwareAntivirus SoftwareCell Phone PlansHearing AidsHome & kitchenHospitalsLanguage Learning AppsNoise-Cancelling HeadphonesNursing HomesParental Control AppsPhoto Editing SoftwarePillowsSoftware & AppsWeb HostingBaby MonitorsDomain RegistrarsEducationHealth & WellnessHomework Help & Study ToolsMeal Kit DeliveryPassword ManagersPayrollStock Photo & Creative Asset SitesTV Streaming ServicesCRMElectric ToothbrushesFamily & KidsIdentity Theft ProtectionJob Search SitesPortable MonitorsRobot VacuumsSTEM Kits for KidsAir PurifiersBackground Check SitesMoney & FinanceOnline Tutoring ServicesPayments & POSSmartwatchesStrollersTravel & eSIMWebsite BuildersAccounting SoftwareCar SeatsDating AppsHome Security CamerasEmail Marketing SoftwareKids' BackpacksMoving CompaniesKids' TabletsProject Management SoftwareCoffee MakersLLC Formation ServicesEmployee Monitoring SoftwareBusiness Phone Systems How We Rank How We Make Money Search
Home / Employee Monitoring Software guides / Before You Install Monitoring Software: Notice, Consent and a Policy That Holds Up

Before You Install Monitoring Software: Notice, Consent and a Policy That Holds Up

Which US states require written notice, what a workable policy contains, and the deployment mistakes that turn a productivity project into a grievance.

Written by Team RankingRight
September 8, 2026 · 4 min read

Notice is the baseline

Monitoring company equipment is generally lawful in the US, but several states put notice in statute. Connecticut and Delaware require employers to give written notice of electronic monitoring. New York requires notice at hire to employees whose telephone, email or internet use may be monitored. Recording calls is governed separately: California, Florida, Pennsylvania, Illinois, Massachusetts, Maryland, Montana, New Hampshire, Oregon and Washington require all parties to consent.

What a usable policy says

  1. Exactly what is collected — apps, URLs, active time, screenshots — and what is not.
  2. When collection runs: work hours, work devices, and what happens on a personal laptop.
  3. Who can see the data, how long it is kept, and when it is deleted.
  4. What it will be used for, and what it will never be used for.
  5. How an employee can see their own data and challenge it.

The mistakes that cause trouble

  • Deploying covertly, then explaining afterwards. Nothing recovers the trust.
  • Monitoring personal devices without a clear BYOD agreement.
  • Ranking people by activity score. Keystroke counts measure typing, not value.
  • Keeping everything forever. Set a retention period and enforce it.
  • Skipping works councils or unions where consultation is required.

A fairer default

Turn on the worker-facing dashboard, publish the policy before the agent installs, exclude personal time, and use the data to rebalance workload rather than to discipline. The tools that make this easy — ActivTrak, Hubstaff, DeskTime — scored highest in our ranking for exactly that reason.

This is general information gathered while testing these products, not legal advice. Consult an employment lawyer for your states and your workforce.

» See the full rankings: Best Employee Monitoring Software of 2026, Best Transparent (Non-Covert) Monitoring Tools, Best Employee Monitoring for Small Business .