Technology and the Workplace

On October 31, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, released GC Memorandum 23-02, entitled Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights. In the memo, she indicated that she plans to “urge the Board to protect employees, to the greatest extent possibly, from intrusive and … Read more

Workplace monitoring is subject to a variety of laws regarding when employees have a right to privacy and if and when they must be notified that they are being monitored. The Electronic Communications Privacy Act (“ECPA”) of 1986 governs an employer’s monitoring of employees’ electronic communications in the workplace.  The ECPA prohibits an employer from … Read more

Effective May 7, 2022, New York employers will be required to provide prior notice concerning the monitoring of employee telephone, email, or internet usage. Specifically, employers must notify employees that “any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system … Read more