Tactics used by some employers to monitor employees at work

Local considerations

Mike Ghilotti, president and CEO of construction company Ghilotti Bros. Inc. in San Rafael, considered tracking employees but realized the negatives outweighed the positives.

“We were invited to be early adopters of this technology, but we didn’t take advantage of it. The company that promoted it was using employees’ cell phones that were monitoring their activity—theoretically, when they were at work and when they were leaving work,” Ghilotti said.

It would track when people moved or stood still. Broader applications included tracking payroll and breaks.

“It was something that made sense in theory, but the reality is we’re an all-union company in this area, so we follow union rules and regulations very strictly,” Ghilotti said. “It wouldn’t have been as beneficial as we thought, so we cut it.”

That was about a decade ago. He hasn’t seriously considered any form of monitoring since then. Ghilotti might consider a technology that emphasizes security.

“If you can save someone’s life or prevent them from being disabled for life, that probably overshadows the privacy issue,” he said.

The North Bay Labor Council, the Santa Rosa affiliate of the AFL-CIO that represents more than 70,000 workers in Sonoma, Lake, Mendocino and Marin counties, declined to comment for this story. The Teamsters also did not share its thoughts on monitoring employers.

Virji’s attorney said, “The National Labor Relations Board has ruled that employers with unionized workers must obtain union consent before initiating any video surveillance of unionized employees.”

Eli Melrod, founder and CEO of Solful, said the only monitoring it uses at its marijuana stores is required by law.

“We have state-of-the-art security equipment required by state law. Almost every inch of the store is videotaped, except for the bathrooms, with 90 days of backup,” Melrod said.

He added that the cameras are mainly used to check for theft in retail stores.

For the Far Niente Family of Wineries & Vineyards, which includes Far Niente in Oakville, Nickel & Nickel in Oakville, EnRoute in Sebastopol, Bella Union in Rutherford, Post & Beam in Oakville and Dolce in Oakville, the only thing that matters is the work itself.

“We don’t monitor, but we look at results to ensure productivity,” said Julie Secviar, vice president of human resources.

It’s essentially the same philosophy at the Hyatt Regency Sonoma Wine Country in Santa Rosa. General Manager Monica Hubert said there’s no need to implement any monitoring of on-site or remote employees.

In Calistoga Spa Hot Springs, housewives have CleanMeNext on their tablets. It started just before the pandemic hit four years ago.

General manager Mike Lennon said the app helps monitor productivity, ensures safety and facilitates guest relationships.

“When a cleaner or maid goes into a room, they click on the software when they start so we know where they are on the premises. When they finish cleaning, they click on it again and one of our maid supervisors can check it,” Lennon explained.

The 2-acre Calistoga property has gone from handwritten reports to the ability for housekeeping crews to immediately notify the front desk when a room is ready for another guest. Guests are then notified by email that their room is available.

Because the property is spread out, this tool allows management to know where people are at all times. Lennon said it would be especially useful in emergency situations, such as a wildfire, when a quick evacuation may be necessary.

“With this system, we can also track lost and found items and work orders. Let’s say a faucet drain needs to be cleaned; they can take a picture and create a work order,” Lennon explained.

The Mt. Tam Racquet & Athletic Club in Larkspur relies on its members to keep an eye on things.

Rod Heckelman, CEO and Director of Tennis, said, “Our watchdogs are our members when it comes to performing or providing high quality and consistent service. The reason is simple: unlike most other businesses, our customers come to the club frequently and set the standard through consistent attendance. Ultimately, our policies and actions are set and created by our members and their personal experiences.”

Legality of monitoring

Privacy is a top concern for employers to consider before installing monitoring devices in the workplace — especially in California.

State constitutions, unlike the U.S. Constitution, cover privacy issues. There are also laws and case law that can help companies figure out what is legal.