Employment Privacy

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The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers in New Jersey, and some of its requirements overlap with new state “comprehensive” privacy laws. In particular, those laws’ requirements on automated decisionmaking. Those laws, however, typically do not apply in an employment context (with the exception of California). This New Jersey guidance (which mirrors what we are seeing in other states) is a reminder that privacy practitioners should keep in mind AI discrimination beyond the consumer context.Continue Reading New Jersey Discrimination Law Guide: Applicability of Existing Laws to AI Tools

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 companies were using the tools to monitor attendance. However, the ICO felt that the companies could have used “less intrusive technologies” -like fobs or ID cards- to accomplish the same goals. In reaching its conclusion the ICO noted that employees were allegedly not given a meaningful choice, given the “imbalance of power” between the employer and the employee. And as such employees were made to feel, the ICO believed, that clocking in and out with facial recognition/fingerprint scanning was “a requirement in order to get paid.”Continue Reading ICO Has Concerns Over Facial Recognition Use

Companies subject to California’s Consumer Privacy Act (CCPA) may soon need to figure out how to scale their privacy compliance programs to include employee and B2B information. The current exemptions that exist for most of the law’s requirements to this type of information are set to expire January 1, 2023.Continue Reading CCPA May Soon Apply to Employee and B2B Information

Artificial Intelligence is here to stay and New York City has enacted legal guidelines for employers who use it. NYC’s Automated Employment Decision Tools (AEDT) law will, effective January 1, 2023, set new standards for employers using AI tools in making employment decisions.
Continue Reading Silver Lining in New York City? New Requirements For Using A.I. in Employment Decisions

New York recently enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or usage. The law takes effect May 7, 2022.
Continue Reading New York Imposes New Requirements for Employee Monitoring