Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

Monitoring Employees Internet Use: Is It Ok to Snoop?

Author: Scarinci Hollenbeck, LLC

Date: February 26, 2015

Key Contacts

Back

From posting to social media to online shopping, the Internet can be a major distraction in the workplace. For employers concerned about productivity, it is important to understand what you can and cannot when it comes to monitoring employees and find out what they are doing online and how often it takes them away from their work.

As with many workplace issues, the first step is to create an employee policy that outlines the rules for accessing the Internet and details the potential consequences for violating those guidelines. At minimum, an Internet Usage Policy should make it clear that employees are expected to use the Internet exclusively for job-related activities and that personal use is not permitted. In addition, it is imperative to expressly state that the company reserves the right monitoring employees Internet activity that takes place on employer-owned devices, including the data that is composed, sent or received through its online connections.

In a recent New Jersey employment law decision, the Appellate Division of the New Jersey Superior Court confirmed that employers have the right to monitor a worker’s Internet activity if they suspect abuse. In Liebeskind v Rutgers University, the plaintiff filed an invasion of privacy claim after his supervisors reviewed his browsing history to determine if he was spending an inordinate amount of time on non-work- related matters.

In its opinion, the court noted that Rutgers University had an “Acceptable Use Policy for Computing and Information Technology Resources” in effect at the time of plaintiff’s employment. It stated that employees’ privacy “may be superseded by the University’s requirement to protect the integrity of information technology resources, the rights of all users and the property of the University.” Rutgers further “reserve[d] the right to examine material stored on or transmitted through its facilities” where there was reason to believe that an employee was using workplace computing facilities in an improper way.

In dismissing the claim, the appeals court relied on Stengart v. Loving Care Agency, Inc., in which the New Jersey Supreme Court held that employers can monitor and regulate the use of workplace computers because they have a legitimate interest to protect their assets, reputation, and business productivity.

Applying this precedent, the Appellate Division concluded that the university had a legitimate interest in monitoring and regulating plaintiff’s workplace computer and had a policy informing employees that it reserved the right to monitor Internet activity to determine improper use. The court also emphasized that the plaintiff did not provide any evidence that Rutgers University had attempted to access the content of personal, password-protected emails or personal accounts.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock post image

Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock

Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock Little Falls, NJ – June 24, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock recently joined the Bloomberg Law podcast to discuss Shaquille O’Neal settling a class-action lawsuit over his FTX endorsement. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock"
Donald M. Pepe Leads Donation of Laptops to York Street Project post image

Donald M. Pepe Leads Donation of Laptops to York Street Project

Scarinci Hollenbeck Partner Facilitates Donation of 43 Laptops to Jersey City Organization Little Falls, NJ  – July 1, 2025 – Scarinci Hollenbeck, LLC is proud to recognize partner Donald M. Pepe’s dedication to the community by facilitating the donation of 43 new Dell laptops to the York Street Project. Don’s commitment and dedication to sourcing these […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Donald M. Pepe Leads Donation of Laptops to York Street Project"
Feedspot Names Government & Law Blog One of the Top Public Law Blogs post image

Feedspot Names Government & Law Blog One of the Top Public Law Blogs

FeedSpot Recognizes Donald Scarinci’s Government & Law Blog One of the Top 20 Public Law Blogs Little Falls, NJ – May 22, 2025 – Scarinci Hollenbeck, LLC is honored to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “20 Best Public Law Blogs and […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Feedspot Names Government & Law Blog One of the Top Public Law Blogs"
Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion post image

Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion

SH Partner and 100th Bomb Group Foundation Legal Counsel Discussed The Nuremberg Trials and the Law May 21, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC is proud to share that partner Ronald S. “Ron” Bienstock recently spoke at the 100th Bomb Group Biennial Reunion, held May 15-18, 2025, in New Orleans. The […]

Author: Ronald S. Bienstock

Link to post with title - "Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion"
FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs  post image

FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs 

Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Constitutional Law Reporter blog has been listed by FeedSpot.com as one of the “Top 100 Legal Blogs.” No Aspect of the advertisement has been approved by the Supreme Court. Feedspot, a content reader that curates websites of […]

Author: Donald Scarinci

Link to post with title - "FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs "
FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs  post image

FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs 

Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “80 Best New Jersey Blogs and Websites in 2025.” *No Aspect of the advertisement has been approved by the Supreme Court of New […]

Author: Donald Scarinci

Link to post with title - "FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs "

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!