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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
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
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
If they have not already, employers should take steps now to properly protect the personal information of their employees. The Eleventh Circuit Court of Appeals’ decision in Ramirez v. Paradies Shops, LLC clarifies that...more
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
After months of uncertainty, the rulemaking process for the California Privacy Rights Act (CPRA), the first-ever comprehensive U.S. data privacy law applicable to human resources data (“HR Data”), concluded on March 29,...more
As the data protection regime in China continues to evolve, so do the individual privacy rights of employees. A Beijing appellate court recently rejected an employer’s ability to use—without the employee’s informed...more
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
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase...more
This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more
The California Privacy Rights Act (“CPRA”) comes into force on January 1, 2023, and will amend and extend the privacy rights under the California Consumer Privacy Act (“CCPA”). Assuming no further applicable extensions or...more
With the rise of remote work, employers are increasingly considering measures to monitor employee’s work, whether for security purposes, or to monitor productivity. But employers take note: some states are starting to weigh...more
This is the fourth in a series of articles about the implications of the California Privacy Rights Act for employers. The impending January 1, 2023 effective date of the California Privacy Rights Act (CPRA) has created a...more
In the last few years, a flurry of state privacy legislation has bolstered protections for everything from biometric data to rights of deletion. Location data is no exception. The latest statute, New Jersey’s Assembly Bill...more
Companies are increasingly using sophisticated forensic tools to review employee computer use. These searches can reveal violations of company policies relating to computer use, confidential information disclosure, or...more
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a...more
As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions. Compared to prior years, there...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
The California Consumer Privacy Act (CCPA) had only been in effect for a short time before the COVID-19 pandemic struck, raising a host of new privacy challenges for employers in the midst of trying to comply with an entirely...more
As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more
Seyfarth Synopsis: In its latest update to guidance for employers in the COVID-19 pandemic, the EEOC has now clarified that employers can test employees for COVID-19 without running afoul of the Americans With Disabilities...more
The EEOC has, yet again, revised its guidance on the ADA and the Coronavirus in the workplace. In an expanded Q&A, the EEOC provides further guidance designed to protect employees’ medical information and prevent...more
- The COVID-19 pandemic presents challenges for employers trying to protect their workforce from the spread of the virus, while also protecting the privacy of employee medical information. - The EEOC has issued new guidance...more
As COVID-19 continues to spread throughout the United States, employers that currently have employees reporting into their facility each day are being forced to consider stringent measures to protect the health and safety of...more
The U.S. Equal Employment Opportunity Commission (EEOC) released a news alert yesterday addressing the impact of the Americans with Disabilities Act (ADA) and the Rehabilitation Act on employers’ responses to a potential...more