Compliance Policies and Procedures,
Workplace Searches Policy
Workplace Searches Policy Preparation Form – We recommend that you gather the information in this form prior to accessing the online questionnaire. Doing so will help you efficiently create your custom Workplace Searches Policy.
This Workplace Searches Policy applies to private employers only and reserves an employer’s right to conduct workplace searches. Employers may incorporate this policy into an employee handbook or use it as a stand-alone policy document. This policy complies with federal law. However, state or local laws may impose additional or different requirements. For example, local laws may grant a right of privacy to employees. On the other hand, they may limit a private employer’s ability to conduct workplace searches. Therefore, employers should modify this policy to reference and comply with any applicable state and local laws.
Employers may wish to conduct workplace searches to retrieve employer property in an employee’s absence. Further, employers may wish to conduct workplace searches to investigate alleged employee misconduct. Private employers are generally not subject to the Fourth Amendment prohibition against unreasonable searches and seizure. Nevertheless, private employers may still face invasion of privacy claims under state law. Thus, employers planning to conduct workplace searches should:
- Advise employees in writing at the time of hire that employees should have no expectation of privacy in the workplace.
- Outline all areas controlled by the employer that are subject to search.
- Obtain written consent from employees for the specific search to be conducted.
Compliance with the National Labor Relations Act
Both unionized and nonunionized employers must ensure that they comply with the National Labor Relations Act (NLRA) when developing and implementing policies.
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Workplace Searches Policy