The COVID-19 pandemic has profoundly impacted many aspects of daily life and has resulted in both temporary and permanent changes to the work environment across industries. Among other things, the pandemic and concerns about workplace transmission of the virus have caused employers to consider the scope of data that can be legally collected and disclosed. Employers have also been forced to consider how best to maintain the security of employer data in a remote work environment, particularly in the wake of rampant data breaches and ransomware attacks. Additionally, the law continues to evolve with respect to off-duty conduct, background checks, biometric privacy rights, and employers' ability to monitor employees. We will discuss each of these issues, focusing on recent legislation and case law, ad offering practical suggestions and advice to address current and developing issues in this area of the law.
Recorded on day two of the Employment Law Institute in April 2022.