The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
#WorkforceWednesday: NYC Pay Transparency Law, Florida Diversity Training, and Cal/OSHA’s COVID-19 ETS - Employment Law This Week®
New NYS Law about Electronic Monitoring Takes Effect May 7
Social Media and Electronic Monitoring Considerations For Employers
A Japanese supermarket chain is getting attention for implementing an AI tool called “Mr. Smile” that monitors workers for the quality and quantity of their smiles when interacting with customers, raising questions around the...more
The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help...more
Artificial Intelligence (AI) is no longer just a buzzword, but a reality that is firmly on the radar of regulators and regulated firms in the US and UK. Recently, considerable investment into this area has prompted...more
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
On August 4, 2023, the New York legislature introduced Senate Bill 07623 (“S07623”), which would dramatically restrict employers’ ability to use both electronic monitoring and automated employment decision-making technology...more
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
The decision of the British Columbia, Canada Civil Resolution Tribunal (Tribunal) in Besse v. Reach CPA Inc., 2023 BCCRT 27 is especially relevant now that remote work has become common. The Tribunal found the employer had...more
NLRB General Counsel Jennifer Abruzzo is pressing for stricter enforcement against the use of workplace technologies to monitor employees. As a result, employers should consider the National Labor Relations Act (the “Act”)...more
Seyfarth Synopsis: A bill pending in the New York City Council would prohibit employers from discharging employees absent just cause or a bona fide economic reason. The bill would also ban employers from relying on data...more
As technological advancements make electronic monitoring of employees easier, the proliferation of remote work creates new and strong incentives for employer investment in such monitoring tools. This dynamic prompted National...more
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
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more
The General Counsel of the National Labor Relations Board recently issued another General Counsel’s Memorandum to announce her next litigation target. Memorandum GC 23-02, issued October 31, 2022, takes aim at electronic...more
In General Counsel Memorandum 23-02, National Labor Relations Board General Counsel Jennifer Abruzzo announced a new and unprecedented prosecutorial initiative aimed at employers that utilize technology to monitor and manage...more
Employers have long used electronic management tools to track and improve employee performance, including GPS on company vehicles, employee badges for access or timekeeping, and monitoring software on work computers. The...more
Over the last decade, and arguably accelerated by the pandemic, employers have increasingly relied on new technologies to monitor, manage, and hire employees. Some of these technologies include tracking devices, keyloggers,...more
On October 31, 2022, the General Counsel for the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued a memorandum instructing regional offices to closely scrutinize employer use of certain electronic monitoring,...more
The Memo asks the NLRB to adopt a new framework for protecting employees and, in the meantime, for NLRB Regional Directors to vigorously enforce existing law in cases involving new workplace technologies as a top priority....more
Plus tôt cette année, nous avons publié un bulletin au sujet de la présentation du projet de loi 88, Loi de 2022 visant à œuvrer pour les travailleurs, auprès de l’Assemblée législative de l’Ontario. Le projet de loi visait...more
Under the Working for Workers’ Act, every covered Ontario employer with twenty-five or more employees is now required to have a written electronic monitoring policy that complies with Part XI.1 of the Employment Standards...more
On April 11, 2022 new requirements for reporting the electronic monitoring of employees were added to the Employment Standards Act, 2000 (“ESA”). By October 11, 2022, employers with 25 or more employees must have a written...more
Earlier this year, we reported that Bill 88, Working for Workers Act, 2022, was introduced into the Ontario legislature. The bill would amend the Ontario Employment Standards Act, 2000 (ESA) to require employers with 25 or...more
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
As of May 7, 2022, new amendments to the New York Civil Rights Law (linked here) requiring New York employers to provide notice of electronic monitoring to employees went into effect. If your company has not already taken...more