News & Analysis as of

Surveillance Employer Liability Issues Employee Monitoring

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

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

Arnall Golden Gregory LLP

CFPB Circular Targets Workplace Monitoring Tools

On October 24, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a circular titled “Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions.” In essence, the circular...more

Fisher Phillips

3 AI Bills in Congress for Employers to Track: Proposed Laws Target Automated Systems, Workplace Surveillance, And More

Fisher Phillips on

Employers that use artificial intelligence – and developers that create AI systems – could be subject to extensive new laws under several bills introduced by federal legislators. While much of the existing legal landscape on...more

Ius Laboris

Korean employees justified in covering security cameras

Ius Laboris on

The Korean Supreme Court has held that employees were justified in covering security cameras that had been installed without proper consultation....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

Tonkon Torp LLP

Government Cracking Down on Employee Monitoring Technology

Tonkon Torp LLP on

Employers are increasingly leaning on technology to monitor employee productivity. Although the phenomenon is not new, the options for monitoring have certainly expanded. Now, businesses can choose from a wide variety of...more

Fisher Phillips

U.S. Company’s Mandatory Video Surveillance Violated Dutch Remote Workers’ Fundamental Right to a Private Life

Fisher Phillips on

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

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

Venable LLP

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

Venable LLP on

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

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

McNees Wallace & Nurick LLC

More on Workplace Surveillance

Our blog post on Nanny Cams in the workplace turned out to be one of our most popular posts (makes us wonder what people are putting in the search bar?).  So, we thought we would follow up with some more information for...more

Fox Rothschild LLP

Digital License Plates – A Privacy Nightmare for Employers

Fox Rothschild LLP on

On September 29, 2022, Governor Newsom signed AB 984 into law, allowing for digital license plates (i.e. “alternative devices”). The futuristic plates can display different messages in emergency situations and have built in...more

Warner Norcross + Judd

1984 in the Workplace — Is Employee Surveillance Trending?

Warner Norcross + Judd on

In today’s Warner Employment News From the Law Shanty, Steve Palazzolo speaks with Allyson Terpsma on the topic of employee surveillance. Although workplace productivity monitoring software programs have been around for the...more

Stikeman Elliott LLP

Continuous Video Surveillance of Employees: Psychological Harassment?

Stikeman Elliott LLP on

Case law recognizes that constant and continuous video surveillance of employees may constitute an unreasonable working condition, and thus violate section 46 of Québec’s Charter of Human Rights and Freedoms (“Charter”), when...more

Davis Wright Tremaine LLP

Monitoring Employee Electronic Communications: A Potentially Risky Business Decision?

Several months into COVID-19, many businesses find themselves relying on a decentralized workforce dispersed across a city, state, or even the country. Increasing numbers of businesses are investing in employee monitoring...more

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