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Employment

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Employee monitoring has become common practice for many employers in the UK. Monitoring is often part of an organization’s security procedures to secure personal information or prevent loss of property, often deployed for health and safety reasons, or companies may even have to monitor employees to comply with legal requirements (for example, in the financial services sector). Increasingly, employers are monitoring employee office attendance as many organisations are requiring their staff back into the office…

In less than two months, on January 1, 2023, the California Consumer Privacy Act (CCPA) as revised by the California Privacy Rights Act (CPRA) will take effect fully in the job applicant and employment context. And with respect to job applicants and personnel, businesses subject to the CCPA will be required to (i) issue further revised privacy notices, (ii) be ready to respond to data subject requests, (iii) have determined if they sell or share…

Since October 11, 2022, employers who electronically monitor their employees with more than 25 employees in Ontario have been required to have a written electronic monitoring policy in place pursuant to Ontario’s Employment Standards act, 2000 (“ESA”), as amended by Ontario’s Bill 88, Working for Workers Act, 2022 (“Bill 88”). However, employers have largely been left to decide how best to introduce and structure these policies given the recency of the law. Some common questions…

In early May, private sector employers in New York will face new disclosure requirements for electronic monitoring of employees. Beginning May 7, 2022, New York will join Connecticut and Delaware among the states that now require employers to provide written notice to new hires who are subject to electronic monitoring. These new disclosure requirements come after Governor Kathy Hochul signed into law amendments to Civil Rights Chapter 6, Article 5, Section 52-C*2. Here’s what New York…

Introduction Digital transformation has gained traction in recent years and affects employment relationships more than ever. The emergence of the so-called platform economy is certainly the epitome of this development. However, new technologies and methods of collaboration also need to comply with legal requirements. At the end of 2020, the Federal Labour Court (FLC) likely turned the platform business model upside down, when the judges decided that a crowdworker using a platform’s app on a…

Fostering employee trust is a critical component of any stakeholder governance framework focused on sustainable long-term business success. Increasing digitalization of workplace functions and emerging technologies require organizations fully to understand the risks and opportunities that this brings, particularly in relation to employee trust. We have recently published the sixth board paper in the Trust Continuum series: Leveraging Technology to Promote Employee Trust. This report examines the inherent value of employee trust to businesses, risks…

As the world continues to grapple with the COVID-19 pandemic and its profound impact across regions and industries, lockdowns are gradually being eased in some countries and organizations are turning their attention to re-opening their premises and bringing employees back to work. This re-opening process requires careful planning to ensure a balance is found between maintaining a safe workplace and putting people back to work. As data plays a crucial role in containing the spread…

The UK Supreme Court has today allowed two appeals which provide some welcome relief for UK employers in relation to the treatment of vicarious (secondary) liability under English law generally, but leave a sting in the tail when considering data breaches committed by employees: Morrisons v Various Claimants – a significant and long running employment and data protection case in which the lower courts had found Morrisons to be vicariously liable for a data breach…