News & Analysis as of

Employee Privacy Rights Employee Monitoring Employment Policies

Fisher Phillips

Workplace Surveillance Bill Clears Maine Legislature, Awaits Governor’s Nod

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The Maine Legislature recently passed a bill that could soon place new limits on employers’ ability to conduct surveillance in the workplace and create new categories of enforcement action state labor officials. Due to the...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

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

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

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

Fisher Phillips

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

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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

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

BCLP

Watching Employers Watching their Workers: UK Data Protection Authority Issues Updated Workplace Monitoring Guidance for...

BCLP on

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

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

Fisher Phillips

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

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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

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

Holland & Hart - Employers' Lawyers

When Installing Cameras, Doesn’t Hurt to Get Employees’ Consent

Question: We plan to install security cameras in the production area of our nonunion food packaging facility because of an increase in damaged product and safety incidents. Can we post signs at all entrances stating...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

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

Littler

Ontario, Canada to Introduce Legislation Requiring Employers to Disclose Electronic Monitoring of Workers

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On February 24, 2022, Ontario announced that later this month, in an effort to protect the privacy of employees, it will be the first province to introduce legislation requiring employers to tell their workers if and how they...more

Harris Beach Murtha PLLC

Big Brother, Hold On: New York Employers Must Advise Employees and Prospective Employees if Electronic Activities will be...

Harris Beach Murtha PLLC on

George Orwell would be proud. The ‘Big NYS Legislature and Governor’ just put the brakes on Big Brother, kinda. On November 8, 2021, Governor Kathy Hochul signed Chapter 583, creating Civil Rights law § 52-c. The new...more

Littler

Turn on the Lights: New York Mandates Transparency in Electronic Monitoring

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While employers generally provide some form of notice of electronic monitoring, as a matter of practice, in their employee handbook, New York now requires transparency about workplace monitoring as a matter of law....more

Neal, Gerber & Eisenberg LLP

NGE On Demand: Privacy Considerations for Remote Work Productivity Monitoring with David Wheeler

NGE Data Privacy and Information Governance partner David Wheeler addresses employers managing remote employees, who may be interested in understanding the legal basis and appropriate privacy and security safeguards for...more

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