News & Analysis as of

Employee Privacy Rights Employment Litigation

Dickinson Wright

Washington State Expands Employee Access to Personnel Files

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Washington State has long required employers to allow employees to inspect their own personnel files, but the relevant statutes previously did not define what qualifies as a “personnel file” nor provide clear timelines for...more

Ius Laboris

Israeli Court Rules on Cameras in the Workplace

Ius Laboris on

Security cameras have become commonplace in workplaces, raising concerns about potential privacy violations for employees. The increasingly widespread use of camera surveillance raises several important legal questions,...more

Ice Miller

Don’t Forget About Biometric Information Privacy Laws When Implementing AI in the Workplace

Ice Miller on

As employers deal with mounting pressure or desire to implement artificial intelligence in the workplace, they should not forget the laws in several states and localities that place limitations on the use and collection of...more

Benesch

The Devil You Don’t Know - Might Not Be So Bad! Good News for Driver Credit and Background Checks

Benesch on

In this era of driver and employee shortages, employers of all kinds -  motor - carriers, freight intermediaries and shippers, should be aware of a byzantine array of federal statutes that could confer liability upon them,...more

Bennett Jones LLP

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

Bennett Jones LLP on

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

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Epstein Becker & Green

Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

Epstein Becker & Green on

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...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

Unlocking AI’s Power to Multiply Manufacturing Productivity

Goodwin on

To capture AI’s promise, manufacturers must take steps to protect privacy and root out bias, particularly when they train their systems on data about employees. ...more

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

Verbal Disclosure of Employee’s COVID-19 Status Didn’t Breach Health Record Disclosure Law, Wisconsin Appeals Court Rules

On July 27, 2023, the Wisconsin Court of Appeals held in Mosley v. Oakwood Lutheran Senior Ministries that verbal disclosure of an employee’s COVID-19 status does not support a violation of Wisconsin healthcare record...more

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

Genova Burns LLC

NJ Appellate Division Rules Former Employee’s Cell Phone Records & Private Social Media are Not So Private Afterall

Genova Burns LLC on

On March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are...more

Wyrick Robbins Yates & Ponton LLP

Working 9 to 5: What a Way to Rack Up BIPA Violations

February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more

BakerHostetler

[Ongoing Program] Unique Issues in Workplace Investigations: Not Your Typical ‘How To’ - April 11th, 2:00 pm - 3:00 pm ET

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Federal Agencies Are Talking About You – and You Can’t Just Ignore It Anymore - April 4th, 2:00 pm - 3:00 pm ET

BakerHostetler on

10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

Franczek P.C.

Illinois Supreme Court Doubles Down on Liability for BIPA Claims

Franczek P.C. on

On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more

Polsinelli

Divided Illinois Supreme Court Holds that BIPA Claims Accrue with Each Scan, Potentially Opening the Door to Massive Damages...

Polsinelli on

In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...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

BakerHostetler

[Ongoing Program] Take the Target Off Your Back: Avoiding Common Wage and Hour Practices That May Lead to Litigation - March 28th,...

BakerHostetler on

10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Back to the Future Part II: The NLRB and the Uncertain State of Labor Law - March 21st, 2:00 pm - 3:00 pm ET

BakerHostetler on

10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Workplace Privacy: The Ever-Increasing Risks of Breaches and Maintaining Data and Information - March 14th, 2:00...

BakerHostetler on

10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual this...more

BakerHostetler

[Ongoing Program] Contingent Workforce Update: The Gamemakers Are At It Again - March 7th, 2:00 pm - 3:00 pm ET

BakerHostetler on

10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Debriefing the Dobbs Decision: Unpacking What Employers Face in the Aftermath of the Overturning of Roe v. Wade...

BakerHostetler on

10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] The New Union Organizing Model: The Force of Gen Z - February 21st, 2:00 pm - 3:00 pm ET

BakerHostetler on

10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Remote Work in Transition: Trends and Compliance Considerations - February 14th, 2:00 pm - 3:00 pm ET

BakerHostetler on

10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

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