News & Analysis as of

Employee Privacy Rights

Biometric privacy laws pose new challenges, risks for employers

by McAfee & Taft on

In an effort to improve data security, many companies have begun using biometric data, such as fingerprints and other unique physical features, as high-tech replacements for passwords. In fact, the use of “biometric time...more

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Monitoring Employee Electronic Communications

by Jaburg Wilk on

A growing number of employers monitor and review their employees’ electronic communications, including telephone calls, emails and internet use, while at work or working away from the office. They cite a number of legitimate...more

GDPR Update: The Processing of personal data in the employment context (Dutch)

by Dentons on

In this GDPR Update we address several separate aspects of data processing that relate to the employment context....more

GDPR Update: The Processing of personal data in the employment context

by Dentons on

In this GDPR Update we address several separate aspects of data processing that relate to the employment context....more

The Blessing of March Madness

by FordHarrison on

March Madness is back and we’ve had a bit more madness this year. We saw the first 16 seed topple a 1 seed when UMBC shocked Virginia. ...more

A Global Perspective On The Future Of Wearable Technology

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The global market for wearable devices continues to grow and has been embraced not only by consumers but organizations as well. Wearables use in the workplace is here to stay, but employers should consider...more

Employment Alert – March 2018

by Dentons on

Access to employee files the ECHR validates the position of the Supreme Court - The European Court of Human Rights validates the French position by ruling that the employer may freely consult a file that is not identified...more

Key California Employment Law Cases: February 2018

by Payne & Fears on

Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

To Protect and Serve: Privacy Concerns for Public Employers

Do public employees have private lives? In other words, just how much can a public employer base decisions on an employee’s off-duty conduct? The Ninth Circuit, in a recent opinion, disagreeing with both the Fifth and Tenth...more

Top Developments And Headlines In Trade Secret, Computer Fraud, And Non-Compete Law In 2017 And What We Expect In 2018

by Seyfarth Shaw LLP on

Continuing our annual tradition, we present the top developments and headlines for 2017 and what we expect in 2018 in trade secret, computer fraud, and non-compete law....more

Next Time You Want to Conduct FMLA Surveillance, Be Sure to Have a Good Reason Why

by Franczek Radelet P.C. on

Porn and the FMLA. This has all the makings of one big, fat men’s soap opera. Johnnie Walker was a longtime police officer with the Pocatello Police Department, and he was tasked with investigating Scott and several other...more

Surveillance of employees in the workplace and the Article 8 right to privacy

by Dentons on

Advances in technology have made monitoring employees easier than ever before. With the increased use of email, smartphones, laptops, trackers and SmartWare, almost every mode of communication has gone digital. As such, it is...more

Employee Tracking: Balancing Privacy and Productivity

by Robins Kaplan LLP on

It might be tempting to use software to track your employees, whether it’s to increase their productivity or to figure out if you’ve been left out of the e-vite to your coworker’s big barbecue. ...more

Data Protection Alert - How data protection impacts labor law

One of the aspects of digitalization is that it blurs the lines between personal and professional lives of employees. Such acknowledgement is reflected in EU and French laws, notably with regard to teleworking and the right...more

Chicken Caught: Privacy Commissioner Confirms Video Surveillance Should Be Last Resort for Organizations

In the recently released Investigation Report P17-01, Use of employee surveillance by a BC chicken catching organization, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) confirmed that...more

Legal issues for those running UK construction businesses - (Planning, Health and Safety, Regulatory, House Building and...

by Dentons on

Welcome to our round-up of legal issues relevant to UK construction businesses. The summaries below contain updates and links to recent articles from colleagues specialising in planning, health and safety, regulatory or...more

Tips For Drafting Employee Handbooks - Tip #4: Avoiding Invasion of Privacy Claims

This article is part four in a six-part series. The purpose of this series is to provide tips and identify potential pitfalls associated with the drafting of an employee handbook....more

European Court of Human Rights: Monitoring Employee Communications

by Faegre Baker Daniels on

In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...more

Labor & Employment E-Note - October 2017

by Burr & Forman on

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Mobile associate Emily Crow discusses common methods by which employers regulate...more

How to Answer Employee Questions About a Co-Worker's ADA Accommodations

The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with medical disabilities. The ADA also prohibits employers from disclosing information about an employee’s medical...more

Lawyers and Employers Must Protect Private Employee Data

by Shipman & Goodwin LLP on

A few weeks back, I did a post about having our personal data hacked. What if the hacker was you?...more

Employee monitoring – avoiding pitfalls in a changing landscape

by White & Case LLP on

Recent developments in case law and regulatory guidance have emphasised the need for employers to be cautious when implementing systems to monitor employees....more

Striking the Right Balance in Workplace Behavior and Privacy

by Burr & Forman on

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Striking the right balance is a difficult task for employers seeking to uphold...more

WPI State of the States: Major Bills Advance in September, With More on Deck for October

by Littler on

The baseball pennant races are about to kick off, but not all the action is on the field. Roughly a dozen state legislatures were in session during September, and they considered more than 50 labor and employment bills....more

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