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NGE On Demand: Privacy Considerations for Remote Work Productivity Monitoring with David Wheeler
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I’ll be watching you: The ins and outs of employee monitoring
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
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
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
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
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
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
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
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
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
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
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
The top lawyer from the National Labor Relations Board recently announced that agency investigators should target workplace surveillance and “algorithmic management” technologies that have a “tendency” to interfere with...more
I had a really interesting discussion with my students during class this week about employers’ use of electronic means to monitor employees. When I first started teaching Privacy Law at Roger Williams Law School eight or nine...more
Technology has revolutionized the workplace and has bolstered business operations and efficiency. Employers are increasingly using automated management systems and other electronic means to ensure that their workplaces are...more
Employees seem permanently attached to their smart phones today, but allowing employees to use their personal devices to make work calls, and send and receive work emails can carry substantial risks. ...more