News & Analysis as of

Employee Privacy Rights Employer Liability Issues Employee Rights

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

CDF Labor Law LLP

How a Smart Watch May Lead to Unintended Concerns for Employers

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New technologies continue to transform the workplace and raise additional legal considerations for employers. Wearable technologies such as smart glasses, watches, and exoskeleton suits are valuable tools that help workers...more

A&O Shearman

ICO releases guidance on processing employment records

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On February 5 2025, the UK Information Commissioner's Office (ICO) released new guidance designed to help employers understand and comply with their obligations under the UK GDPR and the Data Protection Act 2018 in relation...more

Bennett Jones LLP

When is Recording at Work Grounds for Dismissal? A Case of Nuance and Context

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In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., 2024 ABKB 734) raises important questions about privacy, workplace ethics and the...more

Littler

Capitol Gains: California's Legislative Highlights for 2025

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California’s legislature covered a wide array of labor and employment law topics in the 2024 legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2025,...more

Fisher Phillips

New Hampshire “Guns at Work” Law Takes Effect January 1: What Employers Need to Know + Your 5-Step Action Plan

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Many New Hampshire employers will soon be required to allow employees to keep loaded guns in their cars parked at work, and all employers in the state will soon need to comply with new employee privacy protections regarding...more

Littler

Illinois Passes State Law Offering Protection to Employees from Unfair Enforcement of Employment Verification Practices

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On August 9, 2024, Illinois Governor JB Pritzker signed Senate Bill 0508 (“SB0508”) into law. This new law provides additional employment protections for individuals flagged by an employment eligibility verification system,...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

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

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

Osano

Employee Data Protection 101

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For the most part, businesses gather employee data without too much thought. Sure, some data is obviously private, like employee social security numbers, but other than that, businesses can pretty much do what they want with...more

Ervin Cohen & Jessup LLP

California Prohibits Discrimination Due to Reproductive Health Decisionmaking

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In response to recent Supreme Court decisions and laws in other states outlawing abortion, California passed a number of new laws designed to protect reproductive rights in the state. These include bills to prohibit a person...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

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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

Butler Snow LLP

It is time to update your employee handbook. (No, that was not a question)

Butler Snow LLP on

Let’s be honest – no one gets excited about spending time or money working on their employee handbook. Many employers think that their ten-year-old handbook is fine, and they take the approach of “if it ain’t broke, don’t fix...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

Littler

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

Littler on

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

Jackson Lewis P.C.

Employee Monitoring: New York Establishes New Requirements for Employers

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Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their...more

Littler

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

Littler on

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

Health Care Compliance Association (HCCA)

‘Do the Best’ But Mind the Myriad Laws: Grappling With COVID Vaccination Issues

Report on Patient Privacy 21, no. 6 (June 2021) - ...So begins the provocative lawsuit filed against Methodist Hospital System in Houston by 117 employees who do not want to be vaccinated against COVID-19. Despite the...more

Bradley Arant Boult Cummings LLP

New Year, New Hires: The California Consumer Privacy Act and Your Employees

It’s January 2020. Thousands of businesses just completed the mad dash to meet the California Consumer Privacy Act’s (CCPA) requirements. Unfortunately, now is not the time to take a breather if you have employees in...more

Ballard Spahr LLP

Only 8 Days Left for New York Employers to Update Handbooks

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The state of New York adopted a new section of the New York Labor Law in November 2019.  Under the immediately effective provisions of Section 203-e, an employer cannot...more

Fisher Phillips

New York Prohibits Reproductive Health Decision-Making Discrimination

Fisher Phillips on

Following in the footsteps of New York City, which earlier this year prohibited employers from discriminating against applicants or employees based on their sexual and reproductive health decisions, New York State has...more

Hogan Lovells

New NY Reproductive Health Law (the “Boss Law”) Requires Immediate Action; Employers Must Update Employee Handbooks by January 7,...

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New York employers – New York State has gifted you an early holiday present – a requirement to update your handbook, comply with a new law immediately or potentially face steep consequences....more

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