News & Analysis as of

Employee Monitoring State Labor Laws

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

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

Fisher Phillips

The 3 Biggest Concerns for California Employers About Sweeping Employee Surveillance Bill

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California employers should be paying close attention to a pending bill that would significantly restrict how employers use workplace surveillance tools. If enacted, AB 1331 would prohibit employers from using workplace...more

Payne & Fears

[Webinar] New CA Employment Laws 2025: Are You Prepared? - December 4th, 11:30 am - 12:30 pm PT

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Join us for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to freelance workers, “captive audience”...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

BakerHostetler

New and Proposed New York and New York City Legislation

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The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that could have a significant impact on our New York-based clients. This alert highlights just some of...more

Harris Beach Murtha PLLC

Notable Labor and Employment Law Developments of 2022

A Year in Review: Notable Labor and Employment Law Developments of 2022 - The year-end provides an opportune time to review some of the notable developments in the world of labor and employment law from this past year –...more

CDF Labor Law LLP

Invasion of Privacy Lawsuits Will Be On The Rise In California Where Employers Use Monitoring/Tracking Technology

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Employee monitoring and tracking technologies implemented to ensure remote employee productivity for remote work during the COVID-19 pandemic need to be handled carefully. California employers seeking to learn whether...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

Morgan Lewis

Electronic Monitoring and Algorithmic Management: Permissible Labor Practice or Unlawful Oversight?

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In General Counsel Memorandum 23-02, National Labor Relations Board General Counsel Jennifer Abruzzo announced a new and unprecedented prosecutorial initiative aimed at employers that utilize technology to monitor and manage...more

WilmerHale

New Rules and Risks in Employee Monitoring

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Employee communications and use of company devices are often key issues in trade secret and related litigation. United States law, for the most part, has been very supportive of an employer’s ability to engage in aggressive...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

Fenwick & West LLP

May 2022 Legislative Roundup

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California Lawmakers Propose a Four-Day Workweek - The California State Assembly introduced AB 2932, a bill that would shorten the regular workweek for California workers from 40 hours to 32 hours for businesses with 500+...more

Akin Gump Strauss Hauer & Feld LLP

New York Will Soon Require Employers to Disclose Employee Monitoring

On May 7, 2022, private employers—regardless of annual revenue or headcount—with a place of business in New York will have to provide all newly hired employees with written notice of the employer’s electronic device...more

Hinshaw & Culbertson - Employment Law...

New Amendment to New York Civil Rights Law Requires Employers to Provide Notice to Employees of Electronic Monitoring

A previously enacted amendment to the New York Civil Rights Law, effective May 7, 2022, requires employers to provide written or electronic notice to newly hired employees if the employer intends to monitor or intercept...more

Littler

New York’s New Notice of Electronic Monitoring Goes into Effect on May 7, 2022

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New York State’s recently enacted law requiring notice of electronic monitoring goes into effect on May 7, 2022. To comply with the law, private employers with a place of business in New York must (1) provide notice to new...more

Husch Blackwell LLP

New York Employee Monitoring Law Goes Into Effect May 7, 2022

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Keypoint: As of May 7, 2022, New York employers that monitor or intercept employee emails, internet usage, or telephone communications must provide written notice to those employees....more

Holland & Knight LLP

New York Law Requires Notice of Employees' Electronic Monitoring Effective May 7, 2022

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New York Gov. Kathy Hochul signed Senate Bill (SB) S2628 into law on Nov. 8, 2021. The law, which takes effect on May 7, 2022, requires every private-sector employer to provide notice of its electronic monitoring practices to...more

Epstein Becker & Green

Time’s Up: Electronic Monitoring Notice Requirements for New York Employers Take Effect This Week

New York employers that monitor or otherwise intercept their employees’ electronic usage, access, or communication using any electronic devices or systems need to make sure they are following a state law enacted last year,...more

Epstein Becker & Green

#WorkforceWednesday: NYC Pay Transparency Law, Florida Diversity Training, and Cal/OSHA’s COVID-19 ETS - Employment Law This Week®

This week, we’re breaking down recent local- and state-level developments impacting compliance for employers. NYC’s Pay Transparency Law Expected to Be Delayed If signed by Mayor Eric Adams, New York City’s pay...more

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

Six Things to Know About New York’s New Employer Notification Requirements for Electronic Monitoring of Employees

Under an amendment to the New York Civil Rights Law that will take effect on May 7, 2022, private-sector employers that monitor their employees’ use of telephones, emails, and the internet must provide notice of such...more

Nelson Mullins Riley & Scarborough LLP

EMPLOYER DEADLINE: New York Employers Must Comply with Electronic Monitoring Notice and Acknowledgment Requirements by May 7, 2022

Any employers with workers in New York face a rapidly approaching deadline to notify and collect employees’ signed acknowledgments relating to employers’ employee electronic monitoring activities. Deadline and Enforcement ...more

Ballard Spahr LLP

New York Minute – April Edition

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Welcome back to Ballard Spahr’s New York Minute.  Below are some of the latest developments impacting employers in the fast-paced and ever-evolving New York market.  Please contact us with questions regarding the topics below...more

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