News & Analysis as of

Employee Tracking

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

Coffee Badging and Employee Monitoring Coincide in Modern Workplaces

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

Amundsen Davis LLC

[Webinar] Managing New Legal Mandates for Multi-State Employers - June 11th, 10:00 am CT

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It’s not usual for companies to have employees working in multiple states, especially if they hire remote workers. However, managing a workforce that is spread out over multiple locations can be challenging. Join Sara...more

Fisher Phillips

3 AI Bills in Congress for Employers to Track: Proposed Laws Target Automated Systems, Workplace Surveillance, And More

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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

Sheppard Mullin Richter & Hampton LLP

ICO Has Concerns Over Facial Recognition Use

Earlier this month the UK privacy office put a stop to several related entities’ use of facial recognition technologies and fingerprint monitors for their employees. The UK Information Commissioner’s Office found that the...more

Locke Lord LLP

Less Is More When It Comes to Employee Monitoring

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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

McDermott Will & Emery

Under Long-Term, Part-Time Employee Rules, Some Things Change, and Some Things Stay the Same

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In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Together, the SECURE...more

Goodwin

Unlocking AI’s Power to Multiply Manufacturing Productivity

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To capture AI’s promise, manufacturers must take steps to protect privacy and root out bias, particularly when they train their systems on data about employees. ...more

Ius Laboris

Geolocation: employees must be informed

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France’s highest court has intervened in a case involving an employee dismissed based on the geolocation information of his work vehicle. ...more

Barnea Jaffa Lande & Co.

Employers’ Use of Vehicular GPS to Track Employees

The Israeli Privacy Protection Authority recently published a statement presenting its position and recommendations on privacy protection as it pertains to the collection of employee geolocation data using designated...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

Dentons

When Everyone is Watching – Employee Monitoring and Tracking

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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

Jackson Lewis P.C.

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

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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

Littler

DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks

Littler on

On February 9, 2023, the U.S. Department of Labor Wage and Hour Division issued Field Assistance Bulletin No. 2023-1 (FAB) to provide guidance on tracking hours worked by employees who telework. While the FAB largely repeats...more

Locke Lord LLP

Somebody’s Watching Me: the NLRB’s Crackdown on Employee-Monitoring Technology

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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

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

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

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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

Troutman Pepper

Overview of New California Employment Laws - November 2022 #2

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California employers face an abundance of new employment laws set to take effect at the start of the new year. Below find descriptions of new requirements for employee leaves of absence, pay transparency and data reporting,...more

Epstein Becker & Green

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

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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

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

Troutman Pepper

Overview of New California Employment Laws - November 2022

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California employers face an abundance of new employment laws set to take effect at the start of the new year. Below find descriptions of new requirements for employee leaves of absence, pay transparency and data reporting,...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

Fisher Phillips

NLRB General Counsel Announces Plans to Crack Down on Workplace Monitoring Practices

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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

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