What's the Tea in L&E? Mouse Jigglers: WFH Fraud
How to Combat Corporate Theft: Office Space – Crossover Episode With the Hiring to Firing Podcast - The Consumer Finance Podcast
DE Under 3: The Coming Harvard & UNC Case Decisions and NLRB’s Memo on Electronic Surveillance and Organizing
Employment Law Now VI-121 - Top 5 Fall Things You Need To Know
#WorkforceWednesday: "Quiet Quitting" Legal Pitfalls, NYC Automated Decision Tools Law, Twitter Cybersecurity Whistleblower Claims - Employment Law This Week®
1984 in the Workplace — Is Employee Surveillance Trending?
#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
#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases Employee Protections - Employment Law This Week®
NGE On Demand: Privacy Considerations for Remote Work Productivity Monitoring with David Wheeler
Teleworking: Amazing or amazingly complex?
I’ll be watching you: The ins and outs of employee monitoring
Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more
California employers should be paying close attention to a pending bill that would significantly restrict how employers use workplace surveillance tools. If enacted, AB 1331 would prohibit employers from using workplace...more
Many employers have turned to geolocation tools like GPS devices to monitor employees’ whereabouts and movements – especially those working remotely or in field-based roles. While these tools provide an effective way to boost...more
As a result of recent return-to-office mandates, numerous workplaces are seeing a rise in “coffee badging”—when workers pop into the office for just a few hours to fulfill return-to-office mandates. To identify how often...more
Employers that use artificial intelligence – and developers that create AI systems – could be subject to extensive new laws under several bills introduced by federal legislators. While much of the existing legal landscape on...more
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
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
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
A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes,...more
In recent years, many employers have increased their use of employee monitoring technology as a means to promote more efficient operations, particularly in light of the pandemic-induced shift to remote or hybrid working...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
On October 31, 2022, National Labor Relations Board ("NLRB") General Counsel, Jennifer A. Abruzzo, published a memorandum outlining a new framework she intends to use to advocate for restricting overreaching employer...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 National Labor Relation Board’s (“NLRB”) General Counsel, Jennifer Abruzzo issued a potentially spooky memorandum for employers regarding electronic surveillance and automated management. The memo...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
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
The top lawyer from the National Labor Relations Board recently announced that agency investigators should target workplace surveillance and “algorithmic management” technologies that have a “tendency” to interfere with...more
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
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
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
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
COVID-19 ushered in a new paradigm of remote working. Although some companies had already embraced a remote workforce or some semblance of one, this work model is new for many employers. Most employers are still grappling...more
Monitoring employees isn’t a new or novel idea. Companies have long debated the merits of video surveillance in the workplace, tracking employee vehicles with GPS, or monitoring employee movements via a smartphone...more