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Employee Privacy Rights Electronic Communications

Ius Laboris

Email on company account can be ‘private’

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In France, actions taken by an employee in his or her personal life cannot generally be used by the employer to justify a disciplinary dismissal. Dismissal for personal speech or activity can only be justified if it...more

Venable LLP

New York’s New Privacy Protections for Employees’ Social Media Accounts - What Employers Should Do Now to Prepare

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“Follow me on Instagram, will you?” That may seem like a harmless question to a colleague, but starting soon, New York will ban most employer inquiries regarding an employee’s personal social media account....more

Ius Laboris

An Indian ‘right to vent’?

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I’m having a rubbish day at work. Can I vent over WhatsApp with my colleagues? The High Court of Madras in Madurai has ruled that an employee cannot be dismissed for sending insulting messages about their employer in a...more

CDF Labor Law LLP

No Written Policy, No Email Monitoring Allowed in California

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In March, the Second District Court of Appeal published Militello v. VFarm 1509. In that case, former business partners waged litigation against each other over a dispute centering on their vertically integrated cannabis...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

BCLP

Watching Employers Watching their Workers: UK Data Protection Authority Issues Updated Workplace Monitoring Guidance for...

BCLP on

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

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

Venable LLP

The Right and Wrong Ways to Electronically Monitor Employees in the Workplace

Venable LLP on

​​​​​​​Whether because of our new "work from home" world or advances in technology (or both), many employers now electronically monitor their employees in the workplace. A variety of electronic surveillance techniques are...more

WilmerHale

New Rules and Risks in Employee Monitoring

WilmerHale on

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

Patterson Belknap Webb & Tyler LLP

New York Employers Now Required to Provide Notice of Electronic Monitoring

Senate Bill S2628 went into effect on May 7, 2022. The bill, which was signed into law by Governor Hochul on November 8, 2021, requires all private sector employers—regardless of size, number of employees, or entity type—to...more

Husch Blackwell LLP

New York Employee Monitoring Law Goes Into Effect May 7, 2022

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Keypoint: As of May 7, 2022, New York employers that monitor or intercept employee emails, internet usage, or telephone communications must provide written notice to those employees....more

Saul Ewing LLP

May 7th Compliance Deadline for New York Employers to Notify Employees of Electronic Monitoring

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Pursuant to an amendment to the New York Civil Rights Law that will take effect on May 7, 2022, private-sector employers that monitor their employees’ use of telephones, email, and the internet must notify employees of any...more

Fox Rothschild LLP

Reminder: New York Employers Must Soon Implement Electronic Monitoring Policy

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New York will soon require employers to provide written notice to employees if they monitor or intercept employee telephone conversations or transmissions, emails, or internet access or usage. As discussed in our prior...more

Fox Rothschild LLP

What Employers Need to Know About Monitoring Employee E-Mail

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Datatilsynet Norway has issued a helpful guide on the data protection aspects of employee monitoring, which are helpful for GDPR, but also for California employers with CPRA bringing employee rights into play in 2023....more

Littler

Ontario, Canada to Introduce Legislation Requiring Employers to Disclose Electronic Monitoring of Workers

Littler on

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

Pullman & Comley - Labor, Employment and...

User Beware! New York State Joins Connecticut in Requiring Employers to Notify Employees of Electronic Monitoring

On November 8, 2021, New York amended its Civil Rights Law to require employers to notify employees if their use of e-mail, telephone systems, computer systems and the like are subject to monitoring or interception by the...more

BCLP

New York Enacts Employee Privacy Protections with Electronic Monitoring Law

BCLP on

Beginning May 7, 2022, employers that monitor their employees’ electronic communications are required to provide written notice to current employees and to new employees, upon hiring. The new legislation, signed into law on...more

Parker Poe Adams & Bernstein LLP

Forensic Search of Employee's Work Computer Leads to Retaliation Claim

Companies are increasingly using sophisticated forensic tools to review employee computer use. These searches can reveal violations of company policies relating to computer use, confidential information disclosure, or...more

Sheppard Mullin Richter & Hampton LLP

New York Imposes New Requirements for Employee Monitoring

New York recently enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or...more

Jackson Lewis P.C.

Employee Monitoring: New York Establishes New Requirements for Employers

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Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their...more

Harris Beach PLLC

Big Brother, Hold On: New York Employers Must Advise Employees and Prospective Employees if Electronic Activities will be...

Harris Beach PLLC on

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

Littler

Turn on the Lights: New York Mandates Transparency in Electronic Monitoring

Littler on

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

Maynard Nexsen

2021: We Thought You Would Never Get Here, and Now that You Are, What Can Employers Expect

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Never before have we welcomed a year with quite the hope and exuberance as we welcome 2021. While some good things did happen in 2020, for most employers, 2020 added layers of complexity to the role of human resources that...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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