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Electronic Monitoring Employer Liability Issues

Fisher Phillips

AI Programs in Japan are Forcing Workers to Smile More – Would That Work in the U.S.?

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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

K&L Gates LLP

Employment Practices and Data Protection: Monitoring Workers 101

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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

Schwabe, Williamson & Wyatt PC

Generative AI in the Workplace: Proceed with Caution

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

Barnea Jaffa Lande & Co.

When May an Employer Monitor Employees Working Remotely?

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

Littler

British Columbia Tribunal Confirms Time Theft Proven by Time-Tracking Software May Justify Employment Termination for Cause

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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

Fisher Phillips

What NLRB’s New Collaboration with Consumer Financial Agency Means for Gig Economy Businesses

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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 Shaw LLP

At-Will No More? New York City Bill Would Restrict Discharge of Employees

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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

Bodman

NLRB General Counsel Puts Employers on Notice That Employee Electronic Monitoring May Violate the NLRA

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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

Venable LLP

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

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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

Epstein Becker & Green

NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the Workplace, Following the Recent Regulatory...

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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

Epstein Becker & Green

Following the Recent Regulatory Trends, NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the...

Epstein Becker & Green on

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

McAfee & Taft

Electronic management tools targeted as potentially illegal workplace surveillance

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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

Bond Schoeneck & King PLLC

NLRB General Counsel Issues Memo on Electronic Monitoring, Artificial Intelligence and Employee’s Section 7 Rights

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

Morgan Lewis

Electronic Monitoring and Algorithmic Management: Permissible Labor Practice or Unlawful Oversight?

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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

Davis Wright Tremaine LLP

NLRB General Counsel Pushes for "Vigorous Enforcement" of Employers' Use of Technology

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

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

New NLRB General Counsel Memorandum Continues Trend of Increasing Oversight of Employer Technology Use

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

Seyfarth Shaw LLP

NLRB General Counsel Issues New Memorandum Regarding Electronic Management Of Employees

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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

Blake, Cassels & Graydon LLP

Politique sur la surveillance électronique des employés en Ontario : nouvelles obligations pour les employeurs

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

Bradley Arant Boult Cummings LLP

Smile for the Camera! Video Surveillance at Work and State Law Considerations

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

Dickinson Wright

Employee Electronic Monitoring Policy In Ontario

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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

Blake, Cassels & Graydon LLP

Ontario’s Employee Electronic Monitoring Policy: October 11 Deadline Approaching

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

Venable LLP

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

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​​​​​​​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

Bennett Jones LLP

Why Ontario Employers Should Review Employment Contracts Now

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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

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

Miles & Stockbridge P.C.

Workplace Surveillance and Recording

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

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