News & Analysis as of

Employee Privacy Rights 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

Littler

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

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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

K&L Gates LLP

Employment Practices and Data Protection: Monitoring Workers 101

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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

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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

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

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

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

Fisher Phillips on

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

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

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #348 – Considerations for Electronic Monitoring of Employees

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

Littler

NLRB General Counsel Calls for Board to Crack Down on Electronic Surveillance and Automated Management Practices

Littler on

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

Robinson+Cole Data Privacy + Security Insider

Dutch Court Rules Active Webcam Policies Violate Human Rights

A Dutch court ruled in favor of a Dutch national employed by a U.S. company who was fired for refusing to turn on his webcam. The ruling was part of the employee’s wrongful termination lawsuit against his former employer,...more

Fisher Phillips

Viral TikTok Video Serves as a Reminder for Employers to Review Your Workplace Monitoring Policies

Fisher Phillips on

As a recent viral Tik-Tok video made clear, younger professionals are beginning to recognize that employers could be monitoring their workplace communications – which may mean that you will want to revisit your policies and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Every Move You Make: When Monitoring Employees Gives Rise to Legal Risks

Key Points That employers monitor their employees to some degree is a given. What may come as a surprise is the extent and means of such tracking, often involving advanced technologies, especially during the COVID-19...more

Orrick, Herrington & Sutcliffe LLP

Increased Scrutiny of Employee Monitoring Practices: Top 5 Takeaways Employers Need to Know

We are observing growing regulatory scrutiny of advanced employee monitoring practices, particularly from the European Union. Here are the key takeaways... ...more

Warner Norcross + Judd

1984 in the Workplace — Is Employee Surveillance Trending?

Warner Norcross + Judd on

In today’s Warner Employment News From the Law Shanty, Steve Palazzolo speaks with Allyson Terpsma on the topic of employee surveillance. Although workplace productivity monitoring software programs have been around for the...more

WilmerHale

New Rules and Risks in Employee Monitoring

WilmerHale on

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

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

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

FordHarrison

New York Employers Must Disclose Electronic Workplace Monitoring

FordHarrison on

Employers often monitor employees for a number of reasons, including to ensure workplace policies and procedures are followed, to detect illegal behavior such as trade secret theft, or to comply with regulatory obligations....more

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