Rise in “Bossware” Could Spell Trouble for Federal Managers

The use of employee-monitoring technology is on the rise following the explosion of work-from-home and hybrid work styles post-pandemic. A variety of monitoring software types, such as keylogging and video surveillance, have been introduced to help management monitor employees. The term "bossware” has been given to the act of continuous tracking of employees through various forms of software.

To date, it does not appear the federal government has taken up the more intrusive employee monitoring practices with nearly the same enthusiasm as the private sector. Federal employee unions, including the NTEU, have taken steps attempting to prevent the spread of employee monitoring software within the federal government, such as negotiating to have language in their contracts that block using these new technologies to track and monitor employees. 

However, future clashes over employee monitoring software in the federal government seem inevitable. As a federal manager, you do not need to navigate controversial new practices and the potential backlash on your own. If you are the subject of a lawsuit or investigation, it is crucial that you have the tools you need to defend yourself – a professional liability insurance (PLI) policy from FEDS Protection can help.  

The evolution of telework is intertwined with the evolution of technology and the expansion of capabilities for employees to effectively work from home. Workplace collaborative technologies, such as Zoom and Microsoft Teams, are used for communication between team members and are essential for day-to-day operations for many offices. The Office of Personnel Management (OPM) has also encouraged managers and supervisors to focus on what employees are accomplishing rather than their status on Microsoft Teams on their "Telework FAQ” page.  

The utilization of employee monitoring technologies has both pros and cons from a management perspective. As the country’s largest employer, federal managers want to ensure taxpayer money is being utilized efficiently. These technologies have presented themselves as an option of ensuring the productivity of federal employees, but there is a lack of guidance for implementation and significant pushback from federal employee unions and associations.

Insufficient protocols from federal agencies regarding what constitutes employee monitoring software and how it can be implemented could increase federal managers’ exposure to investigations, disciplinary action, and even lawsuits. As a federal manager, you need to have counsel that has specific federal experience representing you and your professional vulnerabilities regarding civil lawsuits and workplace allegations. As the professional liability insurance (PLI) provider endorsed by the leading federal employee associations, FEDS Protection can help.

FEDS Protection offers federal employee PLI policies with $1 million, $2 million, or $3 million in civil liability protection for attorney’s fees and indemnity costs in the event you are sued in your civil capacity.  The FEDS policy also includes $200,000 of legal representation coverage per incident for administrative actions and $100,000 of coverage for criminal defense costs.  Annual premiums for FEDS Protection PLI start at just $290.  Additionally, federal managers and law enforcement officers are eligible for a reimbursement of up to 50% the cost of their PLI policy through their agency. To learn more about how a FEDS PLI policy can protect you and your career, explore www.fedsprotection.com or call (866) 955-FEDS, M-F 8:30am-6pm.