With the announcement of the April 24 release date for the long anticipated Apple Watch (http://www.cnet.com/products/apple-watch/), this is a good time for employers to consider the topic of wearable technology. Of course, the Apple Watch is just the latest device in a long line of wearable technology innovations. Examples include Google Glass, Fitbit, Nike Fuelband and an array of wireless headsets and microphones. Also due for release in April is an alarming device called Kapture (http://kaptureaudio.com/), a wearable recording device that is always on and promises to make “it easy to save any 60-second snippet of audio after-the-fact, without taking you out of the moment.”
Employers have been dealing with smart phones for some time now and it is tempting to simply dismiss these wearable devices as more of the same in a slightly different format. However, the fact that these devices generate a significant amount of data, some without requiring any action by the user, make it worth considering how they might impact the workplace. By way of example, consider these hypothetical scenarios:
-
Managers and non-managers share health information generated by their wearable devices as part of a company sponsored program to improve fitness. An employee later claims that his employer had knowledge of a condition and his need for an accommodation and/or leave based on the data provided by his wearable device. The manager is also accused of improperly gathering health information about the employee.
-
In a wage and hour case, wearable technology data is used to bolster claims of unpaid overtime and off the clock work based on GPS data regarding employees’ locations.
-
GPS data regarding employees’ locations throughout the workday automatically uploads to a website accessible by non-employees, creating a map of employee routes and customer locations.
-
An employee causes an accident in a company car while distracted by a wearable device – the entire incident is recorded.
-
Plaintiffs’ counsel in a class action demands broad discovery of data generated by company provided wearable technology and the company discovers that the data is not being maintained according to the same policies as other electronically stored information.
-
An employee records video of a particularly rude customer and posts it online – the customer threatens a lawsuit for invasion of privacy.
As the foregoing list demonstrates, it is not difficult to imagine ways in which the data generated by wearable technology could create headaches for companies in the employment law arena. So what is the solution? An outright ban could raise a variety of issues and may not be feasible. The good news is that most employers already have policies addressing the broad issues raised above, e.g. security, trade secrets, discrimination, social media and safety. Employers need to reconsider these policies in light of wearable technology and make necessary revisions to specifically address potential issues.
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- Discrimination
- EEOC
- Department of Justice
- Non-Compete Agreements
- NLRB
- Religion Discrimination
- Title VII
- Department of Labor
- Diversity
- Reasonable Accommodation
- Pregnancy Discrimination
- Coronavirus
- NLRA
- Labor Law
- Artificial Intelligence
- Inclusion
- LGBTQ+
- National Labor Relations Board
- Wage & Hour
- Privacy
- FLSA
- Overtime Pay
- Federal Trade Commission
- Employee Benefits and Executive Compensation
- FMLA
- Workplace Accommodations
- Arbitration
- Employment Litigation
- Workplace Violence
- Medical Marijuana
- IRS
- Litigation
- Social Media
- Employer Policies
- Americans with Disabilities Act
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Accommodation
- Sexual Orientation Discrimination
- Race Discrimination
- OSHA
- Employer Handbook
- ERISA
- Medical Cannabis Dispensaries
- ADAAA
- Whistleblower
- Unions
- United States Supreme Court
- ACA
- Affordable Car Act
- Employer Rules
- Sexual Harassment
- Technology
- Federal Arbitration Act
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Benefits
- Paycheck Protection Program
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- E-Discovery
- Evidence
- Securities Law
- Preventive Care Benefits
- Family and Medical Leave Act
- Health Savings Account
- SECURE Act
- Environmental Law
- US Department of Labor Employee Benefits Security Administration
- Privacy Laws
- Representative Election Regulations
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Compensable Time
- Electronically Stored Information
- Equal Opportunity Clause
- Security Screening
- Supreme Court
- Telecommuting
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Occupational Safety and Health Administration
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- American Medical Association
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Taxation
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
Recent Posts
- EEOC & DOJ New Guidance on DEI-Related Discrimination: What Does it Mean for Employers?
- EEOC Targets 20 Large Law Firms regarding DEI related Employment Practices
- Ohio Senate Bill 11: Key Provisions and Implications for Employers
- Shifting Burdens: Is McDonnell Douglas Past Its Prime?
- Uncertain Ground: The NLRB, EEOC, and the Fallout of Presidential Firings
- UPDATED: What’s Next for the Department of Labor? The Confirmation of Lori Chávez-DeRemer
- Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump
- Recent Executive Orders’ Impact on the EEOC
- NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda
- Federal Court Overturns Expansion of Overtime Requirements