Exploring the Limits of Electronic Surveillance of the Workforce

Exploring the Limits of Electronic Surveillance of the Workforce at the 17th Annual Section of Labor & Employment Law Conference

Many employers beta test their new product or system on their workforce, developing and fine tuning the product by collecting large amounts of information from their employees about how they interact with the product. This practice, while potentially providing a form of cost savings in the short run, may create significant litigation risks for employees who take issue with the potential violation of their privacy rights. The mass collection of employee data for the purpose of product development may run afoul of the ECPA, or analogous state laws that restrict the covert collection of employee data to information gathered for a “valid business purpose.” This circumstance becomes even more complex when employers attempt to protect their intellectual property by covert surveillance of their employees. Panelists experts will explore the pitfalls and best practices in this changing environment.

Panelists: M. Nieves Bolaños, Potter Bolaños LLC, Chicago, IL Warrington Parker, Crowell & Moring LLP, San Francisco, CA Clement Tsao, Herzfeld, Suetholz, Gastel, Leniski & Wall, PLLC, Cincinnati, OH