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
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
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
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
If your business relies on gig economy workers, you may want to review your policies on monitoring workers and requiring them to pay for training and equipment. That’s because the National Labor Relations Board (NLRB)...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
If you are considering using video cameras or other surveillance in your workplace, state law might have something to say about it. There are many reasons you might want to use video cameras in your workplace – employee...more
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
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
More and more, employers have considered using surveillance within the workplace, whether it is to prevent theft, measure productivity, or simply monitor what employees are doing when they are on the clock. While these are...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
With the rise of remote work, employers are increasingly considering measures to monitor employee’s work, whether for security purposes, or to monitor productivity. But employers take note: some states are starting to weigh...more
On May 7, 2022, private employers—regardless of annual revenue or headcount—with a place of business in New York will have to provide all newly hired employees with written notice of the employer’s electronic device...more
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
Employers often monitor employees for a number of reasons, including to ensure workplace policies and procedures are followed, to detect illegal behavior such as trade secret theft, or to comply with regulatory obligations....more
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
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
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
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
A sales adviser of an exclusive car dealer proved to be overly enthusiastic when he confided to a customer, in a phone call during working hours, that he was starting out for himself "in the background" and asked the customer...more
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
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
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
New York businesses that monitor or otherwise intercept the electronic mail or telephone conversations of their employees will soon need to inform them of these practices under an amendment to the state’s civil rights law...more
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 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