News & Analysis as of

Surveillance Employee Rights

Lerch, Early & Brewer

Are You Watching Your Workers? What Employers Need to Know About Employee Surveillance

Lerch, Early & Brewer on

As surveillance technology becomes cheaper, more powerful, and more widely used, many companies want to monitor productivity through surveillance to protect confidential information and ensure compliance with company...more

Weber Gallagher Simpson Stapleton Fires &...

Surveillance, Attorney Fees, and Employment Status: Recent 3rd Dept. Decisions

There were three new 3rd Dept. cases of note from yesterday (two workers’ compensation cases and another relevant case): Hurley v. Lawrence School District. This case would seem to be self-evident. The claimant, a special...more

Jackson Lewis P.C.

Managing the Managers: Governance Risks and Considerations for Employee Monitoring Platforms

Jackson Lewis P.C. on

In today’s hybrid and remote work environment, organizations are increasingly turning to digital employee management platforms that promise productivity insights, compliance enforcement, and even behavioral analytics. These...more

Coblentz Patch Duffy & Bass

California Assembly Weighs Nation’s Broadest AI-Driven Workplace Surveillance Bill: AB 1221 Raises the Bar, and the Stakes, for...

In a move that could reshape day-to-day people-management practices across the state, the California Legislature is advancing Assembly Bill 1221 (“AB 1221”), a sweeping proposal that would regulate how employers deploy...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

Proskauer - California Employment Law

“Somebody’s Watching Me” – What You Need to Know About California’s Proposed AI Employee Surveillance Laws

California continues to police artificial intelligence (“AI”) in the workplace. Following proposed rulemaking on the use of AI for significant employment decisions, Assemblymember Isaac Bryan introduced Assembly Bill 1221...more

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

California Legislature Introduces Several Employment Law Bills for 2025

California lawmakers introduced numerous bills early in the 2025 legislative session that could affect California employment law in significant ways. Although it is too soon to predict which bills, if any, will advance, the...more

Tucker Arensberg, P.C.

A Primer on AI Issues in the Workplace - Part 1

Tucker Arensberg, P.C. on

Employers that use tracking technology and artificial intelligence (AI) to monitor workers and make employment decisions may now have one more thing to worry about—the Fair Credit Reporting Act (FCRA)....more

Robinson+Cole Data Privacy + Security Insider

Using AI for Worker Safety: Benefits and Risks

Artificial Intelligence (AI) is entering the field of workplace safety. Specifically, using AI can help in areas such as: Ergonomics. Through security cameras, AI can “see” when someone is lifting a box improperly,...more

BCLP

Employee Monitoring: Lessons from CNIL’s EUR 32M Fine Against Amazon France Logistique

BCLP on

Following the publication of several press articles and employee complaints, the French data protection regulator (“CNIL”) carried out an investigation at the Amazon France Logistique’s (“Amazon”) warehouses. The CNIL's...more

Schwabe, Williamson & Wyatt PC

Generative AI in the Workplace: Proceed with Caution

The pace of innovation is astounding—jarring, really. Sure, “Artificial Intelligence” has been a topic of public conversation for decades. Many of us remember when Deep Blue beat Garry Kasparov at chess in 1997, and when...more

Akerman LLP - HR Defense

Surprise Surprise, the NLRB Continues Expanding Employee Protections

Imagine this: a nurse leaves the operating room during spinal surgery to participate in a union action, the employer terminates the nurse, and the National Labor Relations Board (NLRB) holds that the employer violated federal...more

Sheppard Mullin Richter & Hampton LLP

Caught on Video No More? NLRB General Counsel Releases Memo Urging Board to Curtail Employer Use of a Variety of Surveillance...

On October 31, 2022, Jennifer Abruzzo, the NLRB’s General Counsel (GC), released a memorandum regarding employer use of electronic surveillance and automated management, and its potential interference with employees’ ability...more

Fisher Phillips

NLRB General Counsel Announces Plans to Crack Down on Workplace Monitoring Practices

Fisher Phillips on

The top lawyer from the National Labor Relations Board recently announced that agency investigators should target workplace surveillance and “algorithmic management” technologies that have a “tendency” to interfere with...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

Littler

NLRB General Counsel Calls for Board to Crack Down on Electronic Surveillance and Automated Management Practices

Littler on

Technology has revolutionized the workplace and has bolstered business operations and efficiency. Employers are increasingly using automated management systems and other electronic means to ensure that their workplaces are...more

Stoel Rives - World of Employment

NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises

The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union...more

Proskauer - Labor Relations Update

Employers No Longer Have To Allow Union Representatives Use of Public Areas, NLRB Majority Rules

Citing judicial criticism, as well as the original Supreme Court decisions on the issue, the NLRB swept away years of precedent permitting union representatives to access public areas of an employer’s premises. In UPMC...more

Franczek P.C.

Next Time You Want to Conduct FMLA Surveillance, Be Sure to Have a Good Reason Why

Franczek P.C. on

Porn and the FMLA. This has all the makings of one big, fat men’s soap opera. Johnnie Walker was a longtime police officer with the Pocatello Police Department, and he was tasked with investigating Scott and several other...more

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