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The Maine Legislature recently passed a bill that could soon place new limits on employers’ ability to conduct surveillance in the workplace and create new categories of enforcement action state labor officials. Due to the...more
California employers should be paying close attention to a pending bill that would significantly restrict how employers use workplace surveillance tools. If enacted, AB 1331 would prohibit employers from using workplace...more
As a result of recent return-to-office mandates, numerous workplaces are seeing a rise in “coffee badging”—when workers pop into the office for just a few hours to fulfill return-to-office mandates. To identify how often...more
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
Over the past few years there has been significant growth in the use of technology for monitoring workers, especially following the onset of the COVID-19 pandemic. Global demand (based on the number of internet searches...more
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
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
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
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
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
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
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
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
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
We are observing growing regulatory scrutiny of advanced employee monitoring practices, particularly from the European Union. Here are the key takeaways... ...more
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
Question: We plan to install security cameras in the production area of our nonunion food packaging facility because of an increase in damaged product and safety incidents. Can we post signs at all entrances stating...more
On May 7, 2022, private employers—regardless of annual revenue or headcount—with a place of business in New York will have to provide all newly hired employees with written notice of the employer’s electronic device...more
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
Employers often monitor employees for a number of reasons, including to ensure workplace policies and procedures are followed, to detect illegal behavior such as trade secret theft, or to comply with regulatory obligations....more
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
George Orwell would be proud. The ‘Big NYS Legislature and Governor’ just put the brakes on Big Brother, kinda. On November 8, 2021, Governor Kathy Hochul signed Chapter 583, creating Civil Rights law § 52-c. The new...more
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
NGE Data Privacy and Information Governance partner David Wheeler addresses employers managing remote employees, who may be interested in understanding the legal basis and appropriate privacy and security safeguards for...more