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
The pace of innovation is astounding—jarring, really. Sure, “Artificial Intelligence” has been a topic of public conversation for decades. Many of us remember when Deep Blue beat Garry Kasparov at chess in 1997, and when...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
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
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
With the proliferation of remote work options in today’s post-pandemic world, employers’ electronic monitoring of their employees’ daily activities has become more routine. On October 31, the National Labor Relations Board...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, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer A. Abruzzo issued Memorandum GC 23-02, wherein the General Counsel announced her intention to “protect employees” from what she...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
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
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
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
Key Highlights - - Employers likely need to update terms in employment contracts on termination provisions, restrictive covenants and arbitration clauses. - Five practical tips for Ontario employers as they review and...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