News & Analysis as of

Employee Privacy Rights Employee Monitoring

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

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

Jackson Lewis P.C.

Happy Privacy Day: Emerging Issues in Privacy, Cybersecurity, and AI in the Workplace

Jackson Lewis P.C. on

As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel...more

McGlinchey Stafford

EEOC Tackles Employer Use of “Wearables”

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Have you heard of “wearable technologies”? You may not be familiar with this term, but you are probably already using devices like Fitbit, smartwatches, and more. Even police departments leverage this technology to solve...more

Fisher Phillips

7 Best Privacy Practices for Employers When Using Geolocation Tools to Track Workers

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Many employers have turned to geolocation tools like GPS devices to monitor employees’ whereabouts and movements – especially those working remotely or in field-based roles. While these tools provide an effective way to boost...more

Littler

EEOC Fact Sheet on Wearable Technologies Indicates Growing Concern Over Employee Monitoring

Littler on

On December 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its new fact sheet, “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws,” which provides...more

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

Coffee Badging and Employee Monitoring Coincide in Modern Workplaces

As a result of recent return-to-office mandates, numerous workplaces are seeing a rise in “coffee badging”—when workers pop into the office for just a few hours to fulfill return-to-office mandates. To identify how often...more

K&L Gates LLP

Employment Practices and Data Protection: Monitoring Workers 101

K&L Gates LLP on

The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help...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

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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

Barnea Jaffa Lande & Co.

Surveillance Cameras in Workplaces and Employment Conditions

Barnea Jaffa Lande & Co. on

The Regional Labor Court in Tel Aviv recently ruled that an employer that installed surveillance cameras in the workplace caused a tangible adverse change in its employee’s employment conditions. The employee resigned from...more

Goodwin

How to Make AI-Powered Productivity Gains Stick

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Manufacturers have long sought strategies to boost productivity on factory floors. Increasingly, they are tapping AI to analyze worker performance and raise efficiency....more

BCLP

Watching Employers Watching Their Workers: UK Data Protection Authority Issues Updated Workplace Monitoring Guidance

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Over the past few years there has been significant growth in the use of technology for monitoring workers, especially following the onset of the COVID-19 pandemic. Global demand (based on the number of internet searches...more

Ius Laboris

Can employers monitor their employees’ social media posts?

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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

A&O Shearman

The OPC and other privacy authorities release new resolutions on the privacy of employees and young people

A&O Shearman on

The Office of the Privacy Commissioner of Canada (the OPC) published two new resolutions which aim to protect the privacy of employees and young people, on 6 October 2023. The resolutions follow concerns of privacy federal,...more

Littler

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

Littler on

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

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

Latham & Watkins LLP

Employee Data Increasingly in the Crosshairs of Data Privacy Enforcement

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The California Attorney General’s investigative sweep is a potential harbinger of increased focus on employers’ data privacy compliance with respect to employee data. On July 14, 2023, the California Attorney General...more

Fisher Phillips

Weighing the Pros and Cons of Monitoring Remote Workers: 5 Tips for Employers

Fisher Phillips on

Remote and hybrid work arrangements continue to reshape the way employers approach performance management, and many organizations are turning to technology to help supervise offsite workers. Whether an employer simply notes...more

Barnea Jaffa Lande & Co.

When May an Employer Monitor Employees Working Remotely?

The Israeli Privacy Protection Authority’s (PPA) recently published position on the monitoring of employees working remotely presents new guidelines and recommendations for employers that are building a system to perform such...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

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

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

ArentFox Schiff

NLRB General Counsel Seeks Limits On Employer Electronic Surveillance and Automated Management Practices

ArentFox Schiff on

On October 31, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum advocating for adoption of a new framework for policing employer use of electronic monitoring and automated...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

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