News & Analysis as of

Employee Privacy Rights Americans with Disabilities Act (ADA)

Miller Nash LLP

Employer Cooperation with Law Enforcement Requests for Information

Miller Nash LLP on

Recent developments at the federal government level have generated increasing questions regarding employer’s requirements to cooperate with law enforcement at the local level. Law enforcement may have a variety of reasons for...more

Dentons

Microchips Aren’t Just For Pets: Tracking Employees And The EEOC Position On Wearable Technology

Dentons on

In a popular television show, a parent is panicking because he can’t find his 17-year-old daughter. His best friend looks at him and says, “Well just check the chip, didn’t you chip her? Our dog got chipped before we even...more

CDF Labor Law LLP

How a Smart Watch May Lead to Unintended Concerns for Employers

CDF Labor Law LLP on

New technologies continue to transform the workplace and raise additional legal considerations for employers. Wearable technologies such as smart glasses, watches, and exoskeleton suits are valuable tools that help workers...more

Jackson Lewis P.C.

Happy Privacy Day: Emerging Issues in Privacy, Cybersecurity, and AI in the Workplace

Jackson Lewis P.C. on

As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel...more

McGlinchey Stafford

EEOC Tackles Employer Use of “Wearables”

McGlinchey Stafford on

Have you heard of “wearable technologies”? You may not be familiar with this term, but you are probably already using devices like Fitbit, smartwatches, and more. Even police departments leverage this technology to solve...more

Bradley Arant Boult Cummings LLP

Watch Out, Employers: Using Smart Devices in the Workplace May Not Be So Smart

What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and...more

Littler

EEOC Fact Sheet on Wearable Technologies Indicates Growing Concern Over Employee Monitoring

Littler on

On December 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its new fact sheet, “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws,” which provides...more

Conn Maciel Carey LLP

AI in the Workplace: Legal Pitfalls and the Department of Labor’s Roadmap for Employers

Conn Maciel Carey LLP on

Artificial intelligence (AI) is rapidly transforming how businesses operate. From automating repetitive tasks to streamlining decision-making, AI has become a powerful tool for increasing efficiency and fostering innovation....more

Jackson Lewis P.C.

Importance of Protecting Employee Information as Privacy and Cybersecurity Laws Proliferate

Jackson Lewis P.C. on

Most human resources professionals are concerned about the privacy and security of the vast amounts of personal information they manage. This article discusses steps to consider taking against the challenges. Deluge of...more

Porter Hedges LLP

Human Resources Compliance Audits (Part 2)

Porter Hedges LLP on

An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more

Tonkon Torp LLP

EEOC Issues Updated Guidance on COVID-19 in the Workplace

Tonkon Torp LLP on

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance for employers seeking more information about permissible COVID-19 policies in the workplace....more

Poyner Spruill LLP

EEOC Conciliation Agreement Highlights Employer Compliance Obligations Under GINA Regarding COVID-19 Policies

Poyner Spruill LLP on

In a press release issued on July 6, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had reached an agreement to resolve findings that Tampa Bay-based medical practice Brandon Dermatology had...more

Davis Wright Tremaine LLP

Best Practices for Tracking and Storing COVID-19 Vaccination Status of Employees

Verifying employees' COVID-19 vaccination status raises unique confidentiality and privacy concerns for employers. Documentation regarding an individual's vaccination status is confidential medical information under the...more

Hahn Loeser & Parks LLP

Answering the Top 10 Questions Employers Have About the COVID-19 Vaccine

Hahn Loeser & Parks LLP on

Over the past few months, the COVID-19 vaccine has dominated news coverage and is at the forefront of the current administration’s agenda. On Thursday, September 9, 2021, President Joe Biden announced a sweeping new federal...more

Jackson Lewis P.C.

Class Action Trends Report, Fall 2021

Jackson Lewis P.C. on

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

Holland & Hart - Employers' Lawyers

To Screen or Not to Screen? Selective Drug Screening by Job Category

Question: Can we mandate a drug screening upon hire for some job types and not others? Answer: For some categories of heavily regulated jobs, such as those overseen by the U.S. Department of Transportation (e.g.,...more

BCLP

Employee COVID Vaccination Status: You Asked. They Answered. Now What?

BCLP on

As employers make plans to modify pandemic-related work-from-home arrangements and require employees to come into the workplace, many have wrestled with “the vaccination status question.” Should employers ask employees...more

Littler

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Littler on

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more

CDF Labor Law LLP

Collecting Employee Vaccination Status Can Create Challenges for Employers

CDF Labor Law LLP on

While we are turning the corner on the pandemic, California employers still face challenges navigating the complex health and workplace rules pertaining to COVID. Compliance issues remain for employers that are now...more

Bowditch & Dewey

Can Massachusetts Employers Collect COVID-19 Vaccination Cards From Employees?

Bowditch & Dewey on

As COVID-19 vaccines have become more widely available, many employers have been faced with the questions of whether and how to request vaccination information from employees. As discussed below, Massachusetts employers...more

Jackson Lewis P.C.

Lawmakers Seek Clarity On EEOC Regulations Concerning Incentives For COVID-19 Vaccinations

Jackson Lewis P.C. on

Providing incentives for employees to get the COVID-19 vaccine continues to be on the minds of organizations as vaccinations pick up speed. However, concerns about privacy and the shifting positions on wellness program...more

Epstein Becker & Green

#WorkforceWednesday: 2020 in Review and What's to Come in 2021

It's our first #WorkforceWednesday of 2021! The past year tested our resilience, and COVID-19 forced everyone to think creatively and adapt quickly. Nowhere was that seen more clearly than in the workplace. Workplace Safety...more

Epstein Becker & Green

Rule 5: Yes, My Employer Can Do That: Balancing employers’ rights and responsibilities with employee privacy – Return to Work in...

Epstein Becker & Green on

By now, those who have been following this series know the basics. You’ve formulated (or are in the process of formulating) a “return to work” plan, which includes, among other things, implementing policies and guidelines...more

Fisher Phillips

Flu Season And Possible COVID-19 Vaccine Will Shine A Spotlight On Workplace Vaccination Policies

Fisher Phillips on

As the flu season approaches and the COVID-19 pandemic continues, employers’ mandatory vaccination policies may soon become more important than ever. For several reasons, those policies will also attract unprecedented...more

Littler

With COVID-19 Resurgent, Employers Confront Privacy and Information Security Issues When Testing Employees for COVID-19

Littler on

With the resurgence of COVID-19 infections across the United States, employers are facing growing pressure to ascertain whether their employees have contracted the virus. Temperature checks and symptoms screening, while...more

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