Dive Brief:

• Wearable devices have invaded the workplace, but if used improperly, they could be crossing a personal privacy line, according to the Wall Street Journal.
• Whether it's a Fitbit, an Apple Watch or any number of wearable gadgets emerging today, the technology can be used to track everything from heart rates or to employee locations and productivity. The critical issue is whether or not employers should mandate use of such gadgets, because if they do, then legal lines have a much higher chance of being crossed.
• There have already been lawsuits related to company-provided smartphones and privacy, but wearable technology, though different from a smartphone, presents a similar issue.

Dive Insight:

Lee Tien, a senior staff attorney for the Electronic Frontier Foundation, which advocates for digital-privacy, told the Journal that employers are no doubt allowed to mandate tracking applications with wearable technology, but only "within limits."

And Jason Geller, a partner at law firm Fisher & Phillips LLP, warns that employers mandating such technology should tread carefully and, of course, offer a very clear reason why the mandate exists because it needs to be connected to job-related reasons.

As with so much of today's emerging technology, HR leaders who are either already using or considering the use of wearable devices related to job duties or wellness programs should apply a large dose of common sense (as well as advice from legal counsel) when creating policy around that use.