Monitoring

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As we have discussed in prior posts, AI-enabled smart glasses are rapidly evolving from niche wearables into powerful tools with broad workplace appeal — but their innovative capabilities bring equally significant legal and privacy concerns. In Part 1, we addressed compliance issues that arise when these wearables collect biometric information. In Part 2…

In today’s hybrid and remote work environment, organizations are increasingly turning to digital employee management platforms that promise productivity insights, compliance enforcement, and even behavioral analytics. These tools—offered by a growing number of vendors—can monitor everything from application usage and website visits to keystrokes, idle time, and screen recordings. Some go further, offering video capture…

Businesses that track the geolocation of individuals—whether for fleet management, sales and promotion, logistics, risk mitigation, or other reasons—should closely monitor the progress of California Assembly Bill 1355 (AB 1355), also known as the California Location Privacy Act. If passed, this bill would impose significant restrictions on the collection and use of geolocation data…

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 must navigate a rapidly evolving landscape of legal and regulatory requirements. This National Privacy Day, it’s crucial to spotlight emerging issues in workplace technology…

Following laws enacted in jurisdictions such as Colorado, New York City, Tennessee, and the state’s own Artificial Intelligence Video Interview Act, on August 9, 2024, Illinois’ Governor signed House Bill (HB) 3773, also known as the “Limit Predictive Analytics Use” bill. The bill amends the Illinois Human Rights Act (Act)…

A manager texting one of his drivers who covered the truck’s inward facing camera while stopping for lunch – “you can’t cover the camera it’s against company rules” – is not unlawful under the National Labor Relations Act (NLRA), according to a recent decision by the D.C. Circuit Court of Appeals.

A practice that has…

The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of technologies, such as the Meta/Facebook pixel and Google Analytics, that can track a user’s online activities. We have summarized each…

Much is being written about “remote work” – is it productive, will demand for it continue or be curtailed in a recession, is cybersecurity compromised, does it inhibit workplace culture, collaboration, etc. Lots of questions, few clear answers. The discussion seems largely centered on office workers, professional services providers like me, who generally can perform…

Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates under the Health Insurance Portability and Accountability Act (HIPAA). The OCR Bulletin follows a significant uptick in litigation concerning these technologies…

Over the past several years, there has been a significant increase in the use of dashcam technology. The technology available in the market is quite advanced. As we observed here, these devices can be equipped with geolocation, AI, facial recognition, and other technologies.  Designed primarily to enhance driver safety and fleet management, privacy concerns…