News & Analysis as of

Audio Recording Employee Privacy Rights

Lippes Mathias LLP

Trust Issues: NLRB General Counsel Says No to Secretly Recording Bargaining Sessions

Lippes Mathias LLP on

In a world where it is far too easy to click ‘Record’, National Labor Relations Board (NLRB) Acting General Counsel William Cowen has pressed ‘Delete’ on a party’s ability to secretly record a collective bargaining session....more

Goodwin

Navigating New CNIL Sanctions: What You Need to Know

Goodwin on

The Commission Nationale de l’Informatique et des Libertés (CNIL) is an independent French administrative regulatory body whose mission is to ensure that the collection, storage, and use of personal data comply with data...more

Dentons

HR Quick Take: Recorded Workplace Conversations

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Q: One of my employees has reported that another employee is recording all of their conversations. It makes everyone uncomfortable. What am I supposed to do about this?...more

Miles & Stockbridge P.C.

Workplace Surveillance and Recording

More and more, employers have considered using surveillance within the workplace, whether it is to prevent theft, measure productivity, or simply monitor what employees are doing when they are on the clock. While these are...more

Littler

Wiretapping employees in the Netherlands - let's run the tape?

Littler on

A sales adviser of an exclusive car dealer proved to be overly enthusiastic when he confided to a customer, in a phone call during working hours, that he was starting out for himself "in the background" and asked the customer...more

McNees Wallace & Nurick LLC

Nanny Cams & Workplace Privacy: PA Supreme Court Provides Clarity on Domestic Employees’ Expectation of Privacy

In the recent decision of Commonwealth v. Mason, the Pennsylvania Supreme Court held that a nanny did not have a reasonable expectation of privacy while working inside the home of her employer.  Thus, the employer’s decision...more

Fisher Phillips

Conducting Remote Workplace Investigations: Challenges And Top 10 Practical Solutions

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As many workplaces have shifted to remote work arrangements, human resources personnel, in-house lawyers, and other workplace investigators are conducting more remote workplace investigations. Remote investigations may...more

Society of Corporate Compliance and Ethics...

H&M fined 35 million euros for GDPR violation

CEP Magazine (December 2020) - The Hamburg Data Protection Authority issued their largest fine ever under the General Data Protection Regulation (GDPR) for employee-related offenses. A fine of more than €35 million was...more

Proskauer - Labor Relations Update

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

In late 2017, the NLRB in Boeing Company, 365 NLRB No. 154 (2017), established a new three category system for classifying various employer policies. The new system was designed to balance a “work rule’s negative impact on...more

FordHarrison

[Expletive] My Coach Says

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For all their recent excellence and success, the NBA’s Golden State Warriors have developed something of a tedious routine. ...more

Fisher Phillips

Wired For Sound: The Ins And Outs Of Workplace Recordings

Fisher Phillips on

Consider the all-too-real scenario of meeting with your employee for a disciplinary discussion. At the start of the meeting, he innocently puts his phone face down on the table. Unbeknownst to you, however, anticipating the...more

Latham & Watkins LLP

Implicaciones Laborales en la Nueva Ley de Protección de Datos y Derechos Digitales

Latham & Watkins LLP on

La Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos y Garantía de Derechos Digitales incluye novedades importantes desde una perspectiva laboral. PRINCIPALES NOVEDADES - ..Derecho a la Desconexión Digital...more

Latham & Watkins LLP

Spanish Data Protection and Digital Rights Law Secures Employees’ Right to Privacy

Latham & Watkins LLP on

The Spanish Digital Rights Act includes new rights and monitoring developments relevant to both employers and employees. KEY FOCUS AREAS - ..Digital disconnection rights ..Employees’ and employers’ rights relating to the...more

Proskauer - Law and the Workplace

[Podcast]: Can My Employees Do That?

In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins conduct the first part in a series of podcasts entitled, “Can My Employees Do That?” In this installment, Harris and Howard discuss workplace...more

Akerman LLP - HR Defense

Covert Employees: Recording Conversations at Work

Can an employee secretly record conversations with a co-worker, supervisor, human resources manager or executive and use that recording in a claim or lawsuit against his/her employer? ...more

Payne & Fears

Key California Employment Law Cases: February 2018

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Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

Foley Hoag LLP

NLRB Holds That a Ban on Videotaping Workplace Conversations is Unlawful

Foley Hoag LLP on

Recently, the National Labor Relations Board (NLRB) held that an employer violated Section 7 of the National Labor Relations Act (NLRA) by maintaining a policy that prohibited employees from making certain audio or video...more

Bond Schoeneck & King PLLC

The NLRB Finds Whole Foods’ No-Recording Policy Unlawful

In Whole Foods Market, Inc., the National Labor Relations Board, in a 2-1 decision, held that Whole Foods’ rules prohibiting the recording of conversations in the workplace violated Section 8(a)(1) of the National Labor...more

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