Workplace privacy and technology

Constantly evolving technologies are changing the modern workplace at a rapid pace. Internet-based technology now drives employee communication, collaboration, productivity and actual work. Laptops, smartphones and tablet devices permit employees to work from anywhere and at any time. Social media platforms and other technologies designed specifically for the workplace now permit employees to collaborate on projects in real time even if they are in widespread locations. Employee productivity, engagement, health and safety all now can be measured and analyzed by technology that can be worn as wristbands, badges, headgear and even as clothing itself. All of this new technology, however, also significantly impacts employers' legal obligations to their employees and creates new legal risks.

We understand how these new technologies work and therefore can help employers implement policies and procedures that protect business interests and allow our clients to maximize available technology while minimizing the risk of privacy-related and other types of employment litigation. Our representation includes:

  • Emerging technologies
  • Electronic communications policies
  • Bring your own device (BYOD) policies
  • Data analytics
  • Workplace monitoring
  • Data breach prevention and response
  • Social media
  • Policies related to employee off duty conduct
  • Health Insurance Portability and Accountability Act (HIPAA) compliance and other medical confidentiality laws
  • Background checks for employment purposes
  • Fair Credit Reporting Act compliance
  • Drug and alcohol testing
  • Psychological and honesty testing