News & Analysis as of

Employee Monitoring Remote Working

Fisher Phillips

The 3 Biggest Concerns for California Employers About Sweeping Employee Surveillance Bill

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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

Woods Rogers

What's the Tea in L&E? Mouse Jigglers: WFH Fraud

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What’s the Tea in L&E is a video series focused on the latest developments in labor and employment law. In this segment, Leah Stiegler and Emily Kendall Chowhan discuss the use of “mouse jigglers” by remote workers. A...more

K&L Gates LLP

Employment Practices and Data Protection: Monitoring Workers 101

K&L Gates LLP on

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

Barnea Jaffa Lande & Co.

Privacy and AI in Israel and worldwide: a look to 2024

During 2023, privacy protection and artificial intelligence regulation continued apace and their implications continued to be a major focus in Israel and around the world. In Israel, this was reflected in a number of...more

McGlinchey Stafford

Hot Workforce Topics in 2023: Remote Work and Pro-Employee Movements

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The year 2023 represents a time of shifting attitudes toward the workplace and workforce, with the effects of the COVID-19 pandemic continuing to wax and wane, pro-employee movements taking place in high-profile industries,...more

Haynsworth Sinkler Boyd, P.A.

What does AI mean for HR?

Artificial Intelligence (AI) might be the most popular phrase of the year, but it is undoubtedly here to stay. We are seeing companies experiment with using AI in the workplace, which often raises questions like, How can...more

Fisher Phillips

Weighing the Pros and Cons of Monitoring Remote Workers: 5 Tips for Employers

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Remote and hybrid work arrangements continue to reshape the way employers approach performance management, and many organizations are turning to technology to help supervise offsite workers. Whether an employer simply notes...more

Littler

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

Littler on

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

Parker Poe Adams & Bernstein LLP

Electronic Monitoring of Remote Workers Raises Labor Law Compliance Questions

By now, we have all heard stories about remote employees who are working two jobs simultaneously, or have installed software that provides the appearance of work activity. In response to concerns over productivity and...more

Jackson Lewis P.C.

NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance

Jackson Lewis P.C. on

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

Fisher Phillips

U.S. Company’s Mandatory Video Surveillance Violated Dutch Remote Workers’ Fundamental Right to a Private Life

Fisher Phillips on

A U.S.-based employer faced legal consequences after it terminated a remote employee in the Netherlands who refused to keep his camera on for the whole nine-hour workday. The Dutch Court held that the dismissal of the...more

Ward and Smith, P.A.

“I Always Feel Like, Somebody’s Watching Me”: How the NLRB General Counsel Proposes to Curtail Employer Surveillance

Ward and Smith, P.A. on

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

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

BakerHostetler

You are Being Monitored for Electronic Surveillance and Automated Management Practices, Says the NLRB

BakerHostetler on

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

ArentFox Schiff

NLRB General Counsel Seeks Limits On Employer Electronic Surveillance and Automated Management Practices

ArentFox Schiff on

On October 31, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum advocating for adoption of a new framework for policing employer use of electronic monitoring and automated...more

Littler

NLRB General Counsel Calls for Board to Crack Down on Electronic Surveillance and Automated Management Practices

Littler on

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

Jackson Lewis P.C.

NLRB General Counsel Memo on Electronic Monitoring of Employees

Jackson Lewis P.C. on

Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace....more

Bradley Arant Boult Cummings LLP

Bringing Work Home: Emerging Limits on Monitoring Remote Employees

Along with the increasing number of remote work arrangements available to employees in the wake of the COVID-19 pandemic has come an exponential rise in employers’ use of employee monitoring technology. Nearly 80% of major...more

Robinson+Cole Data Privacy + Security Insider

Dutch Court Rules Active Webcam Policies Violate Human Rights

A Dutch court ruled in favor of a Dutch national employed by a U.S. company who was fired for refusing to turn on his webcam. The ruling was part of the employee’s wrongful termination lawsuit against his former employer,...more

Warner Norcross + Judd

1984 in the Workplace — Is Employee Surveillance Trending?

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In today’s Warner Employment News From the Law Shanty, Steve Palazzolo speaks with Allyson Terpsma on the topic of employee surveillance. Although workplace productivity monitoring software programs have been around for the...more

Hogan Lovells

[Webinar] Controlling Your Risk And Regulatory Obligations With A Hybrid Workforce – Is That Even Possible? - June 21st, 11:00 am...

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Hybrid working maybe the new norm in 2022 but the FCA is keeping a watchful eye on how firms continue to meet their regulatory responsibilities and effectively control the risks. With the regulator reviewing a firm's remote...more

Hogan Lovells

[Webinar] Controlling your risk and regulatory obligations with a hybrid workforce – is that even possible? - May 12th, 11:00 am -...

Hogan Lovells on

Hybrid working maybe the new norm in 2022 but the FCA is keeping a watchful eye on how firms continue to meet their regulatory responsibilities and effectively control the risks. With the regulator reviewing a firm's remote...more

Miles Mediation & Arbitration

Welcome to the Age of Bleisure: Employment Risks and Implications From the Pandemic-Related Rise in Remote Work

The pandemic altered the way many people live and work. As millions of workers were sent home to work remotely, employers grappled with a myriad of workplace issues that raised questions not addressed by existing labor and...more

Health Care Compliance Association (HCCA)

That creep is a spy

Compliance Today (April 2022) - “Function creep” is not a term used to describe a person you don’t like. It refers to using a technology for something beyond its original intended use. The pandemic has changed many...more

Venable LLP

I Wonder as They Wander: Revisiting Remote Work Policies

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As the pandemic appears to subside, employers are grappling with whether and how to maintain remote work. For some employers, this means revisiting their pre-pandemic remote work policy; for others this means deciding whether...more

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