News & Analysis as of

Employee Monitoring Employee Rights

Lerch, Early & Brewer

Are You Watching Your Workers? What Employers Need to Know About Employee Surveillance

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As surveillance technology becomes cheaper, more powerful, and more widely used, many companies want to monitor productivity through surveillance to protect confidential information and ensure compliance with company...more

Jackson Lewis P.C.

Managing the Managers: Governance Risks and Considerations for Employee Monitoring Platforms

Jackson Lewis P.C. on

In today’s hybrid and remote work environment, organizations are increasingly turning to digital employee management platforms that promise productivity insights, compliance enforcement, and even behavioral analytics. These...more

Seyfarth Shaw LLP

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

Seyfarth Shaw LLP on

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

DLA Piper

Italy: The Garante Issues First GDPR Fine Over Employees Email Metadata Privacy Breach

DLA Piper on

The Italian Data Protection Authority (the Garante) has issued its first GDPR fine for, among other breaches, unlawful retention of metadata from employees’ emails and web browsing activities. The decision applies, for the...more

Coblentz Patch Duffy & Bass

California Assembly Weighs Nation’s Broadest AI-Driven Workplace Surveillance Bill: AB 1221 Raises the Bar, and the Stakes, for...

In a move that could reshape day-to-day people-management practices across the state, the California Legislature is advancing Assembly Bill 1221 (“AB 1221”), a sweeping proposal that would regulate how employers deploy...more

Proskauer - California Employment Law

“Somebody’s Watching Me” – What You Need to Know About California’s Proposed AI Employee Surveillance Laws

California continues to police artificial intelligence (“AI”) in the workplace. Following proposed rulemaking on the use of AI for significant employment decisions, Assemblymember Isaac Bryan introduced Assembly Bill 1221...more

McGlinchey Stafford

NLRB General Counsel Already Instituting Changes

McGlinchey Stafford on

The National Labor Relations Board (NLRB) can change subject to political whims – particularly since the President appoints the agency’s board members and the Office of the General Counsel. Interestingly, on January 25,...more

Ius Laboris

Watching Sports at Work: How Employers Can Avoid an Own Goal

Ius Laboris on

2025, like most years, will be dominated by prominent sporting events. But with many of these sporting events likely to take place during working hours, and some employees hoping to watch-along live, we explore the lessons...more

Bergeson & Campbell, P.C.

How to Summarize Government Work in Five Easy Bullets

It was reported this weekend that all federal employees received an e-mail from the Office of Personnel Management (OPM) telling employees to report “five bullets about what you did last week.” The e-mail also states that...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

Troutman Pepper Locke

Less Is More When It Comes to Employee Monitoring

Troutman Pepper Locke on

With the increase in remote work, employers’ concerns over the security of proprietary company information and employee productivity have increased their reliance on technologies to manage and monitor employees....more

BCLP

Employee Monitoring: Lessons from CNIL’s EUR 32M Fine Against Amazon France Logistique

BCLP on

Following the publication of several press articles and employee complaints, the French data protection regulator (“CNIL”) carried out an investigation at the Amazon France Logistique’s (“Amazon”) warehouses. The CNIL's...more

Ius Laboris

Can employers monitor their employees’ social media posts?

Ius Laboris on

Increasingly, employers are being made aware of employee misconduct that is evidenced by photos, videos or other social media posts. What are employers allowed to do when it comes to their employees' posts, what are the...more

Littler

Canada’s Office of Privacy Commissioner Revises Privacy Guideline on Employee Personal Information

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Earlier this year, the Office of the Privacy Commissioner of Canada (OPC) revised its guideline, Privacy in the Workplace, which addresses employee rights and workplace obligations with respect to employee personal...more

Dentons

When Everyone is Watching – Employee Monitoring and Tracking

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At the Dentons Davis Brown annual labor and employment law seminar last month, employers discussed a large array of topics, many of which were issues that occurred during COVID or were pre-existing but were exacerbated by...more

Troutman Pepper Locke

Somebody’s Watching Me: the NLRB’s Crackdown on Employee-Monitoring Technology

Troutman Pepper Locke on

In recent years, many employers have increased their use of employee monitoring technology as a means to promote more efficient operations, particularly in light of the pandemic-induced shift to remote or hybrid working...more

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

New York City’s New Job Protection Bill: Will It End At-will Employment?

New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int...more

Akerman LLP - HR Defense

Surprise Surprise, the NLRB Continues Expanding Employee Protections

Imagine this: a nurse leaves the operating room during spinal surgery to participate in a union action, the employer terminates the nurse, and the National Labor Relations Board (NLRB) holds that the employer violated federal...more

Bodman

NLRB General Counsel Puts Employers on Notice That Employee Electronic Monitoring May Violate the NLRA

Bodman on

As technological advancements make electronic monitoring of employees easier, the proliferation of remote work creates new and strong incentives for employer investment in such monitoring tools. This dynamic prompted National...more

Epstein Becker & Green

Following the Recent Regulatory Trends, NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the...

Epstein Becker & Green on

On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more

McAfee & Taft

Electronic management tools targeted as potentially illegal workplace surveillance

McAfee & Taft on

The General Counsel of the National Labor Relations Board recently issued another General Counsel’s Memorandum to announce her next litigation target.  Memorandum GC 23-02, issued October 31, 2022, takes aim at electronic...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

Davis Wright Tremaine LLP

NLRB General Counsel Pushes for "Vigorous Enforcement" of Employers' Use of Technology

Employers have long used electronic management tools to track and improve employee performance, including GPS on company vehicles, employee badges for access or timekeeping, and monitoring software on work computers. The...more

Sheppard Mullin Richter & Hampton LLP

Caught on Video No More? NLRB General Counsel Releases Memo Urging Board to Curtail Employer Use of a Variety of Surveillance...

On October 31, 2022, Jennifer Abruzzo, the NLRB’s General Counsel (GC), released a memorandum regarding employer use of electronic surveillance and automated management, and its potential interference with employees’ ability...more

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

New NLRB General Counsel Memorandum Continues Trend of Increasing Oversight of Employer Technology Use

Over the last decade, and arguably accelerated by the pandemic, employers have increasingly relied on new technologies to monitor, manage, and hire employees. Some of these technologies include tracking devices, keyloggers,...more

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