News & Analysis as of

Surveillance Employee Monitoring

Dechert LLP

Droit Social | Sélection de jurisprudence – France | Premier semestre 2024

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Cass. soc., 31 janvier 2024, n°22-18.792 La lettre de licenciement n’a pas à préciser la date des faits invoqués. Un salarié licencié pour faute grave conteste la rupture de son contrat de travail, en se fondant notamment...more

Dechert LLP

Employment Case Law Selection - France | First Semester of 2024

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Cass. soc., 31 January 2024, n°22-18.792 - A dismissal letter does not have to specify the date of the alleged acts. An employee dismissed for gross misconduct contested the termination of his employment contract, citing...more

Fisher Phillips

Snapshot on Manufacturing Industry: 3 Artificial Intelligence Bills Employers Should Track

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Welcome to this edition of the FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments with an emphasis on how they impact employers in the manufacturing...more

Fisher Phillips

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

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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

BCLP

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

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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

Barnea Jaffa Lande & Co.

Privacy and AI in Israel and worldwide: a look to 2024

During 2023, privacy protection and artificial intelligence regulation continued apace and their implications continued to be a major focus in Israel and around the world. In Israel, this was reflected in a number of...more

Barnea Jaffa Lande & Co.

Surveillance Cameras in Workplaces and Employment Conditions

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The Regional Labor Court in Tel Aviv recently ruled that an employer that installed surveillance cameras in the workplace caused a tangible adverse change in its employee’s employment conditions. The employee resigned from...more

Ius Laboris

Korean employees justified in covering security cameras

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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

Foley & Lardner LLP

NLRB Expands Focus to Worker Debt and Surveillance

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Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Financial Protection Bureau (CFPB), intended to crack down on “employer-driven debt” as well as worker...more

Orrick, Herrington & Sutcliffe LLP

CFPB and NLRB to share info on employer-driven debt practices and illegal surveillance

On March 7, the CFPB and the National Labor Relations Board (NLRB) entered into an information sharing agreement to create a formal partnership for addressing unlawful practices involving employer surveillance and employer...more

Tonkon Torp LLP

Government Cracking Down on Employee Monitoring Technology

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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

Jackson Lewis P.C.

NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance

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A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes,...more

Fisher Phillips

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

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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

Ward and Smith, P.A.

“I Always Feel Like, Somebody’s Watching Me”: How the NLRB General Counsel Proposes to Curtail Employer Surveillance

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On October 31, 2022, National Labor Relations Board ("NLRB") General Counsel, Jennifer A. Abruzzo, published a memorandum outlining a new framework she intends to use to advocate for restricting overreaching employer...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

BakerHostetler

You are Being Monitored for Electronic Surveillance and Automated Management Practices, Says the NLRB

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On October 31, 2022, the National Labor Relation Board’s (“NLRB”) General Counsel, Jennifer Abruzzo issued a potentially spooky memorandum for employers regarding electronic surveillance and automated management. The memo...more

Tonkon Torp LLP

NLRB General Counsel Takes Aim at Electronic Employee Monitoring and Management

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The NLRB’s lead attorney recently issued a memorandum about employee monitoring and algorithmic management. In it, the General Counsel vows to “vigorously” enforce existing law to protect worker’s Section 7 rights in the face...more

ArentFox Schiff

NLRB General Counsel Seeks Limits On Employer Electronic Surveillance and Automated Management Practices

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On October 31, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum advocating for adoption of a new framework for policing employer use of electronic monitoring and automated...more

Steptoe & Johnson PLLC

NLRB General Counsel Issues Memorandum on Electronic Monitoring of Employees

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On October 31, 2022, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a Memorandum regarding new challenges that employers will face for the electronic monitoring and algorithmic...more

Jackson Lewis P.C.

Top Five Labor Law Developments for October 2022

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1. The National Labor Relations Board modified its test for determining if COVID-19-related conditions warrant mail ballot union elections, potentially signaling a return to mostly in-person votes. Starbucks Corp., 371 NLRB...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

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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

DarrowEverett LLP

I Always Feel Like… My Boss is Watching Me!

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Following similar movement by the Equal Employment Opportunity Commission (“EEOC”), which recently released guidance on the use of artificial intelligence by employers, National Labor Relations Board (“NLRB”) General Counsel...more

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