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Employer Liability Issues Consent

Steptoe & Johnson PLLC

The New Face of Workplace Surveillance

Employers have begun utilizing biometric data collection methods, such as face recognition technology, as tools for workplace surveillance. Leveraging AI and assisted technology for surveying employees has become more...more

Hanson Bridgett

6 Tips for Preparing the Workplace for Immigration Enforcement Actions

Hanson Bridgett on

Constitutional Protections: 4th and 5th Amendments apply to all individuals in the U.S., regardless of citizenship status. Workplace Privacy: Most workplaces are private property, but not all areas of the workplace are...more

McAfee & Taft

Gavel to Gavel: Warrants and the workplace

McAfee & Taft on

Law enforcement agents are not all-powerful in the United States; their power is restricted by the Fourth Amendment to the United States Constitution. Although primetime police dramas often paper over the details, every...more

Tonkon Torp LLP

Is My AI Note Taker Violating the Law? Oregon Employers Should Think Twice When Inviting AI to Listen in on Meetings

Tonkon Torp LLP on

The rise of Artificial Intelligence (AI) has spread to seemingly all facets of work and life. One prominent application that has gained popularity both among students and in the workplace is using an “AI Note Taker” to record...more

Fisher Phillips

Top 6 Employer Takeaways From New EEOC Wearable Tech Guidance

Fisher Phillips on

Wearable technologies are becoming increasingly common in the workplace, but a new guidance document from the Equal Employment Opportunity Commission (EEOC) has made it clear that employers need to tread carefully. From smart...more

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

With New Record and Transcribe Tools, Should Employers Be Concerned?

New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee...more

The Volkov Law Group

General Data Protection Regulation (GDPR) and Whistleblowing Laws (Part II of II)

The Volkov Law Group on

Challenges may arise when conducting an internal investigation related to an underlying disclosure by a whistleblower pursuant to the EU Directive, because companies must strictly comply with the GDPR. Failure to comply with...more

Amundsen Davis LLC

Illinois’ Genetic Information Privacy Act: Litigation Trends in 2024 and Beyond

Amundsen Davis LLC on

The Illinois’ Genetic Information Privacy Act (“GIPA”) has been Illinois law for over twenty years. Yet, only in the last year or two has there been an explosion of lawsuits being filed against companies in various...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Fisher Phillips

AI Notetaking Tools Are All the Rage – But Should You Use Them? Employers Should Weigh These Risks First

Fisher Phillips on

Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...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

Sheppard Mullin Richter & Hampton LLP

Missed Assignments: The Importance of Assignability Clauses in Restrictive Covenant Agreements

Imagine paying millions to acquire a company only to later discover the restrictive covenants in the employment agreements of high-level executives were unenforceable. That’s precisely what happened in Intertek Asset...more

Miller Canfield

The $17 Billion Slider? Illinois Supreme Court Decides White Castle BIPA Case

Miller Canfield on

The landscape of biometric privacy just became both more settled and unsettling for companies using biometrics. On February 17, 2023, the Illinois Supreme Court held that each scan or transmission of a person’s biometric...more

Amundsen Davis LLC

The Hits Keep Coming: Illinois Supreme Court Finds Claims Accrue Upon Each Scan or Transmission Under BIPA

Amundsen Davis LLC on

Right on the heels of the Illinois Supreme Court’s decision in Tims, the Court delivered yet another crushing blow to Illinois businesses in Cothron v. White Castle System, Inc. Answering the crucial question of when a...more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

Laner Muchin, Ltd. on

On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

Dorsey & Whitney LLP

Changing Rules Governing Artificial Intelligence in Employment

Dorsey & Whitney LLP on

In recent years, employers have begun to use artificial intelligence, machine learning, algorithms, and other automated systems or technologies (“AI Technologies”) to recruit and hire employees and make other employment...more

Barnea Jaffa Lande & Co.

Can Employers Request Medical Information during the Hiring Process?

Barnea Jaffa Lande & Co. on

Providing medical information about a person is a highly sensitive personal matter. Asking for it as part of the hiring process raises difficulties in relation to both Israeli labor and privacy protection laws. Employers may...more

Levenfeld Pearlstein, LLC

Jury Awards Plaintiffs $228 Million in Illinois Biometrics Class Action

In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more

Fisher Phillips

NYC Set to Finalize New Regulations to Further Complicate Fast Food Workplaces

Fisher Phillips on

New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense...more

UB Greensfelder LLP

Time After Time: Illinois Supreme Court Asked To Decide When Statute of Limitations Accrues for BIPA Violations

UB Greensfelder LLP on

The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires businesses to notify individuals before collecting their biometric identifiers such as fingerprints (click here to read our previous client...more

Sheppard Mullin Richter & Hampton LLP

New York Imposes New Requirements for Employee Monitoring

New York recently enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or...more

Parker Poe Adams & Bernstein LLP

Recording Zoom Calls: What to Know Before Hitting the Red Button

Since the onset of the pandemic, the workflow structure in the corporate world has drastically shifted. In response to the pandemic (but likely a practice here to stay), video conferencing on platforms such as Zoom has become...more

Fisher Phillips

International Employment Considerations for the Not-So “National” Sports Leagues

Fisher Phillips on

The term “national” in three of the predominant American major league sports is an increasingly inaccurate term for entities strategically committed to international expansion. The current state of these leagues and their...more

Hudson Cook, LLP

Smile! You May Be on a Dashboard Cam

Hudson Cook, LLP on

By now, most dealers are aware of the need to safeguard data stored in in-car tech. Just like it's important to remember that cars can store data, it's also important to remember that cars can record data. The ability of cars...more

Sheppard Mullin Richter & Hampton LLP

DOL Revises FFCRA Regulations in Light of New York Federal Court Decision

As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting...more

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