AI-powered “smart glasses” are beginning to appear in workplaces. Although they may look like ordinary eyewear, they can record audio or video, take photos, scan documents, summarize conversations, translate speech, or upload information to AI tools or cloud storage. This creates a new risk for employers: employees may be bringing recording and data-capture devices into the workplace without anyone realizing it.
The biggest concern is privacy. AI glasses may capture co-workers, customers, patients, vendors, computer screens, whiteboards, personnel discussions, payroll information, medical information, customer data, or trade secrets. Unlike a phone held up to record, glasses may not give an obvious signal that recording or AI processing is occurring. Even if a recording is lawful, it may still violate workplace policies, confidentiality obligations, customer expectations, HIPAA or other industry-specific rules, or basic workplace norms.
Employers should also remember that recording laws vary by state. Some states, such as Utah, allow recording if one party to the conversation consents; others require all-party consent. Multi-state employers should be especially careful. But even where state law permits a recording, employers generally may still prohibit unauthorized recording, livestreaming, AI transcription, AI summarization, or uploading of workplace information.
In most situations, employers do not have to allow employees to wear or use AI glasses at work simply because the technology is available. Employers may adopt reasonable policies prohibiting personal recording devices, AI-enabled eyewear, and similar wearable technology in the workplace-especially in meetings, customer-facing areas, production areas, treatment rooms, restrooms, locker rooms, or anywhere confidential information is visible or discussed.
A good policy should make clear that employees may not use AI glasses or similar devices while working, on company property, while accessing company systems, or around confidential information unless they have written authorization. Employers should also train supervisors not to approve exceptions informally.
There is one important caveat: disability accommodations. AI glasses may assist employees with visual impairments, light sensitivity, hearing-related limitations, or other medical conditions. If an employee requests permission to use AI glasses for medical reasons, the employer should treat the request like any other request for reasonable accommodation under the Americans with Disabilities Act or similar state law.
That does not mean the employee is automatically entitled to use the device. The employer may evaluate whether the glasses are medically necessary, whether they help the employee perform essential job functions, whether they create privacy or security concerns, whether an equally effective alternative exists, and whether allowing the device would create an undue hardship.
Practical steps for employers:
- Update electronic device, recording, confidentiality, and AI policies to address smart glasses and wearable technology.
- Prohibit unauthorized recording, livestreaming, AI transcription, AI summarization, and uploading of workplace information.
- Identify sensitive areas where recording or AI capture is never allowed without written approval.
- Train supervisors to route disability-related requests through the regular accommodation process.
- Apply the policy consistently, while preserving legally protected rights and required accommodations.
The bottom line: employers should not wait for a privacy breach or workplace dispute before addressing AI glasses. A clear policy-paired with a thoughtful accommodation process-can help protect confidential information, employee privacy, and business operations while reducing legal risk. Don’t hesitate to call us if you have questions!
