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Employer Liability Issues Employee Monitoring Employment Policies

Lathrop GPM

[Event] 2025 Employment & Labor Law Seminar – Kansas City Area - September 30th, Overland Park, KS

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Join us for our annual Employment & Labor Law Seminar taking place on Tuesday, September 30. The seminar will address current issues and recent developments in employment and labor law. Session highlights include: -...more

Fisher Phillips

Top 6 Employer Takeaways From New EEOC Wearable Tech Guidance

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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

Fisher Phillips

AI Programs in Japan are Forcing Workers to Smile More – Would That Work in the U.S.?

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A Japanese supermarket chain is getting attention for implementing an AI tool called “Mr. Smile” that monitors workers for the quality and quantity of their smiles when interacting with customers, raising questions around the...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

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

Troutman Pepper Locke

How to Combat Corporate Theft: Office Space – Crossover Episode With the Hiring to Firing Podcast - The Consumer Finance Podcast

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Corporate theft can happen in any workplace, but in the world of financial services, the theft can also create regulatory and litigation exposure for financial institutions. What type of employee is most likely to steal from...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

Fisher Phillips

WhatsApp Messages May Be Gone But Never Forgotten – At Least Not By the DOJ: Your Company’s 6-Step Action Plan

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When your employees go “off-grid” and use unauthorized third-party messaging applications that fall beyond typical email and texting – like the self-destructing WhatsApp messages – they put you at increasing risk of scrutiny...more

Seyfarth Shaw LLP

At-Will No More? New York City Bill Would Restrict Discharge of Employees

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Seyfarth Synopsis: A bill pending in the New York City Council would prohibit employers from discharging employees absent just cause or a bona fide economic reason.  The bill would also ban employers from relying on data...more

Venable LLP

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

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The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of...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

Morgan Lewis

Electronic Monitoring and Algorithmic Management: Permissible Labor Practice or Unlawful Oversight?

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In General Counsel Memorandum 23-02, National Labor Relations Board General Counsel Jennifer Abruzzo announced a new and unprecedented prosecutorial initiative aimed at employers that utilize technology to monitor and manage...more

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

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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

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

Blake, Cassels & Graydon LLP

Politique sur la surveillance électronique des employés en Ontario : nouvelles obligations pour les employeurs

Plus tôt cette année, nous avons publié un bulletin au sujet de la présentation du projet de loi 88, Loi de 2022 visant à œuvrer pour les travailleurs, auprès de l’Assemblée législative de l’Ontario. Le projet de loi visait...more

Blake, Cassels & Graydon LLP

Ontario’s Employee Electronic Monitoring Policy: October 11 Deadline Approaching

Earlier this year, we reported that Bill 88, Working for Workers Act, 2022, was introduced into the Ontario legislature. The bill would amend the Ontario Employment Standards Act, 2000 (ESA) to require employers with 25 or...more

Epstein Becker & Green

#WorkforceWednesday: "Quiet Quitting" Legal Pitfalls, NYC Automated Decision Tools Law, Twitter Cybersecurity Whistleblower Claims...

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This week, we look at the trend of “quiet quitting” and the legal and technology considerations employers should weigh when navigating the issue. What to Do About “Quiet Quitting” (see video attached) An increasing number...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

Littler

Ontario, Canada: ESA Guidance Now Contains Chapter on Electronic Monitoring Policies

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In the spring, Bill 88, Working for Workers Act, 2022, received Royal Assent and became law. Among other things, Bill 88 amended Ontario’s Employment Standards Act, 2000 (ESA) to require certain employers to ensure, within a...more

WilmerHale

New Rules and Risks in Employee Monitoring

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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

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