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Articles by Kathleen Grossman
Less Is More When It Comes to Employee Monitoring | JD Supra
With the increase in remote work, employers’ concerns over the security of proprietary company information and employee productivity have increased their reliance on technologies to manage and monitor employees. Many employers have long tracked employees both in and out of the workplace by utilizing an abundance of sophisticated tools to monitor employees’ activities and productivity, including at home or anywhere an employee may be located with a device used for company business.
The "State" of Family and Medical Leave Laws in the Wake of COVID-19 | JD Supra
The COVID-19 pandemic highlighted a disparity between existing employee leave entitlements under the federal Family and Medical Leave Act (“federal FMLA”) and the scope of family and medical needs typically giving rise to employee leave requests. Seeking to bridge this gap, state legislatures have both expanded existing leave laws and enacted new ones, with the result generally being greater leave benefits for more employees at the state level.
Supreme Court Limits Claims Under Computer Fraud and Abuse Act | JD Supra
The Computer Fraud and Abuse Act (CFAA) creates liability for anyone who “intentionally accesses a computer without authorization or exceeds authorized access.” The CFAA defines “exceeds authorized access” to mean “to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled to so obtain or alter.” In recent years, the U.S. Circuit Courts of Appeals have been split in their interpretation of this definition.
New and Expanding “Fair Workweek” Laws Likely to Increase Costs for Employers Looking to Address Last-Minute Changes in Staffing Needs | JD Supra
The COVID-19 pandemic forced many employers to lay off or furlough employees, conduct reorganizations, and otherwise adjust to partial operations, sometimes on short notice. In order to address last-minute changes in staffing needs, employers may prefer the flexibility of on-call scheduling.
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