News & Analysis as of

Corporate Counsel Employee Monitoring Employer Liability Issues

Seyfarth Shaw LLP

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

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The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations...more

Fisher Phillips

Top 5 Things Employers Need to Know About the EU’s Latest AI Guidance

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The European Union just provided much-needed clarity on what’s prohibited under its landmark EU AI Act, releasing guidance earlier this week on how businesses can comply with the law right as it begins to take effect across...more

Tucker Arensberg, P.C.

A Primer on AI Issues in the Workplace - Part 1

Tucker Arensberg, P.C. on

Employers that use tracking technology and artificial intelligence (AI) to monitor workers and make employment decisions may now have one more thing to worry about—the Fair Credit Reporting Act (FCRA)....more

Fisher Phillips

3 AI Bills in Congress for Employers to Track: Proposed Laws Target Automated Systems, Workplace Surveillance, And More

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Employers that use artificial intelligence – and developers that create AI systems – could be subject to extensive new laws under several bills introduced by federal legislators. While much of the existing legal landscape on...more

Fisher Phillips

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

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At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State Bill Proposed to Restrict Electronic Monitoring, Automated Employment Decision Tools

Under a recently introduced bill, employers across New York State could face new restrictions on the electronic surveillance of workers and the growing use of automated decision-making and artificial intelligence (AI)...more

Fisher Phillips

U.S. Company’s Mandatory Video Surveillance Violated Dutch Remote Workers’ Fundamental Right to a Private Life

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A U.S.-based employer faced legal consequences after it terminated a remote employee in the Netherlands who refused to keep his camera on for the whole nine-hour workday. The Dutch Court held that the dismissal of the...more

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Kelley Drye & Warren LLP

NY Requires Notice of Electronic Monitoring to Employees — Are You In Compliance?

As of May 7, 2022, new amendments to the New York Civil Rights Law (linked here) requiring New York employers to provide notice of electronic monitoring to employees went into effect. If your company has not already taken...more

Stikeman Elliott LLP

Continuous Video Surveillance of Employees: Psychological Harassment?

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Case law recognizes that constant and continuous video surveillance of employees may constitute an unreasonable working condition, and thus violate section 46 of Québec’s Charter of Human Rights and Freedoms (“Charter”), when...more

McAfee & Taft

Workplace investigations: Prompt and reasonable, but not always perfect

McAfee & Taft on

Employers understand the importance of investigating employees’ harassment complaints. A recent case explains what standards apply to the company’s investigation and what happens if the employer cannot determine who was the...more

Parker Poe Adams & Bernstein LLP

Forensic Search of Employee's Work Computer Leads to Retaliation Claim

Companies are increasingly using sophisticated forensic tools to review employee computer use. These searches can reveal violations of company policies relating to computer use, confidential information disclosure, or...more

Fisher Phillips

The Top 16 Workplace Law Stories from November 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - Law and the Workplace

New York State Enacts Phone, Email, and Internet Monitoring Notice Law for Private Employers

New York Governor Kathy Hocul has signed into law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. ...more

Seyfarth Shaw LLP

Blog Series – Managing a Future Tele-Workforce

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Seyfarth Synopsis: In part one of a series concerning managing the future tele-workforce, below are some tips to navigate reasonable accommodation requests and monitor the performance of employees who will likely be working...more

Parker Poe Adams & Bernstein LLP

Employer Prevails, But First Circuit Raises Questions Over Use of Screenshot Capturing Software

Most employers understand that with appropriate disclaimers, they have the right to monitor employee use of the company’s electronic communication systems. With that said, unhappy employees continue to attempt to use federal...more

BCLP

The Italian Data Protection Authority restricts the monitoring of employees’ internet access and e-mail use

BCLP on

The Italian Data Protection Authority (“IDPA”) issued its first decision interpreting the amended Section 4 of the “Workers’ Bill of Rights,” concerning the monitoring of employees’ internet access and e-mail use. In...more

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