News & Analysis as of

Employee Tracking Employer Liability Issues Employee Privacy Rights

Sheppard Mullin Richter & Hampton LLP

ICO Has Concerns Over Facial Recognition Use

Earlier this month the UK privacy office put a stop to several related entities’ use of facial recognition technologies and fingerprint monitors for their employees. The UK Information Commissioner’s Office found that the...more

Locke Lord LLP

Less Is More When It Comes to Employee Monitoring

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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

Goodwin

Unlocking AI’s Power to Multiply Manufacturing Productivity

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To capture AI’s promise, manufacturers must take steps to protect privacy and root out bias, particularly when they train their systems on data about employees. ...more

Dentons

When Everyone is Watching – Employee Monitoring and Tracking

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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

Troutman Pepper

Overview of New California Employment Laws - November 2022 #2

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California employers face an abundance of new employment laws set to take effect at the start of the new year. Below find descriptions of new requirements for employee leaves of absence, pay transparency and data reporting,...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

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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

Bennett Jones LLP

New Guidance on Ontario's Electronic Monitoring in the Workplace Policy

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As we discussed in our previous insight, Ontario Passes New Legislation Which Includes an Electronic Monitoring Policy and a New Act for Digital Workers, the Ontario government amended the Employment Standards Act, 2000 (the...more

Littler

New York’s New Notice of Electronic Monitoring Goes into Effect on May 7, 2022

Littler on

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

Hogan Lovells

Reminder: New York employers must comply with electronic monitoring notice law by May 7

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Any private employer with a place of business in New York that “monitors or otherwise intercepts” any employee’s telephone conversations, emails, or internet access or usage by “any electronic device or system” must give...more

Stikeman Elliott LLP

Ontario Update: Proposed Legislation to Require Employers to Have Electronic Monitoring Policies

Stikeman Elliott LLP on

On February 24, 2022, the Ontario government announced (the “Announcement”) its plan to introduce legislation that would require Ontario employers to inform their employees if and how they are being monitored electronically....more

Robinson+Cole Data Privacy + Security Insider

Tracking Employees with GPS? New Jersey Law Requires Employers to Give Written Notice to Employees Before Using a Tracking Device...

Private employers in New Jersey need to be aware of the latest employee privacy law that will take effect on April 18, 2022. A. B. 3950 prohibits employers from knowingly using a “tracking device” in a vehicle used by an...more

Littler

New Jersey Joins the Trend of Increasing Privacy Protections for an Employee’s Location

Littler on

In the last few years, a flurry of state privacy legislation has bolstered protections for everything from biometric data to rights of deletion. Location data is no exception. The latest statute, New Jersey’s Assembly Bill...more

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

Ontario’s Bill 88 Would Establish Electronic Monitoring Policies, Create Rights for Workers on Digital Platforms, and Require...

On February 28, 2022, the Government of Ontario introduced Bill 88, the Working for Workers Act, 2022. Bill 88 would enact the Digital Platform Workers’ Rights Act, 2022, which would establish rights for workers who offer...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

Manatt, Phelps & Phillips, LLP

Notice, Consent Required in New York for Electronic Monitoring

Pursuant to a new state law, beginning in May, employers in New York must provide prior written notice and obtain consent from new employees about the types of electronic monitoring being used....more

Bond Schoeneck & King PLLC

New York Enacts Law Requiring Employers to Provide Notice of Electronic Monitoring

On Nov. 8, 2021, New York Gov. Kathy Hochul signed a bill amending New York’s Civil Rights Law by adding a new section that requires employers to give prior written notice of any electronic monitoring to employees upon hire....more

Cooley LLP

New York to Require Employers to Inform Workers of Electronic Monitoring

Cooley LLP on

On November 9, 2021, New York Gov. Kathy Hochul signed into law a bill that will require employers in New York State who engage in any electronic monitoring of employees’ telephone, email and internet access and usage to...more

Hogan Lovells

New York to require private employers to notify employees of electronic monitoring

Hogan Lovells on

On November 8, 2021, New York Governor Kathy Hochul signed legislation amending the state civil rights law to add a new provision requiring employers who engage in electronic monitoring to notify workers of such....more

Seyfarth Shaw LLP

New York Employers Must Notify Employees of Phone and Email Monitoring

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Seyfarth Synopsis: Under a new statute, New York employers are required to notify employees if they intend to monitor their company-controlled phones, email, or internet use....more

Fisher Phillips

Best Privacy Practices For Employer-Issued Fitness Trackers

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Workplace technology has been ever-changing in the past few decades: from desktop computers, to mobile phones, to laptop computers, to smartphones. Now, smart watches are capable of receiving text messages and phone calls,...more

Coblentz Patch Duffy & Bass

GPS Monitoring Of Employees In California: Do You Know Where Your Employees Are? Are You Allowed To Know?

With the advent of cost-effective GPS devices and smartphone tracking apps, employers may effectively monitor their workforce like never before. An employee’s distance traveled, sales routes, and productivity (among other...more

Seyfarth Shaw LLP

A Global Perspective On The Future Of Wearable Technology

Seyfarth Shaw LLP on

Seyfarth Synopsis: The global market for wearable devices continues to grow and has been embraced not only by consumers but organizations as well. Wearables use in the workplace is here to stay, but employers should consider...more

Robins Kaplan LLP

Employee Tracking: Balancing Privacy and Productivity

Robins Kaplan LLP on

It might be tempting to use software to track your employees, whether it’s to increase their productivity or to figure out if you’ve been left out of the e-vite to your coworker’s big barbecue. ...more

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

Wave of the Future or a Step Too Far? Wisconsin Company Offers Employees Microchip Implants, Employment Issues Abound

While we may now take Tesla’s connected world for granted, one cannot help but wonder what readers thought of his predictions in 1926 when he made the above statements in a magazine interview. It remains to be seen whether a...more

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