APR. 39th Annual KENNETH M. PIPER LECTURE. Smartphones and Fitbits: Wither Privacy in the Workplace?

Transcription

1 APR th Annual KENNETH M. PIPER LECTURE Smartphones and Fitbits: Wither Privacy in the Workplace?

2 39th Annual KENNETH M. PIPER LECTURE Smartphones and Fitbits: Wither Privacy in the Workplace? Jurists and scholars have noted the continuing erosion of the demarcation between work and personal life. Add to this the ubiquitous smartphone and the emergence of wearable technologies in the workplace and we have the scenario for real-time, continuous collection of workers personal data by employers and third-party vendors. We already know, or at least suspect, that the government uses our online and mobile applications to surveil us, as do businesses for their own commercial purposes. This lecture will examine new ways which employers monitor the activities of their employees and their potential impact on worker privacy. Smartphones are merely tracking devices that happen to make phone calls, and businesses are already using employees smartphones to monitor their locations in real time. Meanwhile, employees are using their smartphones for nearly all their digital communications or nearly all their communications whether through employer or a personal Facebook or Instagram account. The (current, at least for now) Affordable Care Act offers incentives in the form of discounted health insurance premiums

3 We... at least suspect that the government uses our online and mobile applications to surveil us... This lecture will examine new ways which employers monitor the activities of their employees and their potential impact on worker privacy. for employees who participate in workplace wellness programs. Wellness programs involve not only monitoring biometrics such as weight, blood pressure, and cholesterol, but also involve the use of wearable technology that monitors movement and heart rate. While federal law provides some protection to employees against disclosure of this information to employers, there is concern that third parties can analyze health data collected through wellness programs to ferret out personal life developments. Historically, privacy law has never kept pace with technology. While the Supreme Court appears to be making some headway in understanding that tracking and collecting discrete pieces of information can reveal intimate personal details, common law applicable in the private workplace is trailing further behind. There is no settled law placing limits on the extent to which employers can track their employees locations 24/7 or whether they can view employees personal communications when they are comingled with business messages. And there are gaps in the law determining the extent to which personal health data collected through work can be shared with outside vendors. 11:30a.m.-1:00p.m. Ogilvie Auditorium IL MCLE Credit: 1.25 hrs The lecture is free and open to the public, however registration is requested at cle.kentlaw.edu This lecture is funded by the Kenneth M. Piper Endowment, established by a gift from Mrs. Kenneth M. Piper in memory of her husband. Mr. Piper was a distinguished executive with Motorola, Inc., and Bausch & Lomb, Inc., who made important contributions in human resources and labor relations for more than two decades.

4 FACULTY LECTURER Robert Sprague Professor of Legal Studies in Business, University of Wyoming Robert Sprague is Professor of Legal Studies in Business at the University of Wyoming College of Business. Professor Sprague s primary research focuses on the convergence of law, business, and technology, with a particular emphasis in workplace privacy and technology s impact on labor and employment laws. Additional research topics include small business and corporate governance. Professor Sprague is a former Editor-in-Chief of the American Business Law Journal, the top peer-reviewed law journal, and has authored more than two dozen law journal articles as well as the textbook, Law for Entrepreneurs and Small Business Owners. He was the original Editor-in-Chief of the treatise, Workplace Data: Law and Litigation, published by Bloomberg/BNA. A long-time resident of Laramie, Wyoming, Professor Sprague is an avid snow shoveler. COMMENTATOR Heather A. Morgan Partner Paul Hastings LLP Heather Morgan is the Global Chair of the Paul Hastings Workforce Data and Technology practice, a partner in the Employment Law department, and is based in the firm s Los Angeles office. Ms. Morgan represents employers in all aspects of employment law, with an emphasis on defending high stakes class actions and other complex litigation. She is Co-Chair, American Bar Association s Technology in the Practice & Workplace Committee, Labor & Employment Law Section, Member, Board of Governors of the Institute for Corporate Counsel and Board Member, Bloomberg BNA Labor & Employment Innovation and Technology Board. Ms. Morgan is a regular ABA guest speaker on systemic pattern or practice discrimination claims, e-discovery, and workforce-related technology law issues. She holds a J.D. from UCLA School of Law and a B.A. from the University of Wisconsin, Madison.

5 COMMENTATOR Lisl Soto Shareholder Weinberg, Roger & Rosenfeld Lisl Soto is a shareholder in the Los Angeles office of Weinberg, Roger & Rosenfeld. Since 2008, she has represented unions in all aspects of labor and employment law. Her practice includes litigation involving wage and hour matters, state and federal antidiscrimination laws, as well as the duty of fair representation. Ms. Soto regularly practices before the NLRB in both representation matters and unfair labor practice proceedings, including the recently decided Purple Communications. Her practice further extends to handling arbitrations, contract negotiations, providing advice to trust funds, and dealing with matters arising under California s laws governing public sector employees. Prior to joining the firm, Ms. Soto received her undergraduate degree from the University of California, Berkeley with a major in English and minor in peace & conflict studies, and J.D. from the University of California, Hastings College of the Law. She worked as a Peggy Browning Fund Fellow in the Division of Judges at the NLRB, and interned at the EEOC and with a small firm in Barcelona, Spain. KENNETH M. PIPER ENDOWMENT ADVISORY BOARD Margaret Angelucci Asher, Gittler, & D Alba Ltd. Lisa R. Callaway Engler, Callaway, Baasten, & Sraga LLC Kelly Anne Keeler Calvanico Terrence T. Creamer Franczek Radelet PC Stanley Eisenstein Katz, Friedman, Eagle, Eisenstein, Johnson, & Bareck PC Marisel A. Hernandez Jacobs, Burns, Orlove, & Hernandez Wesley Kennedy Allison, Slutsky, & Kennedy PC Shelly Liapes CNA Insurance Martin H. Malin César F. Rosado Marzán Susan M. Matta Carmell, Charone, Widmer, Moss, & Barr Ltd. Peter S. Ohr National Labor Relations Board Kelly Powers-Hamp Marsha L. Ross-Jackson Patricia Costello Slovak Schiff Hardin LLP Anna Wermuth Cozen O Connor

6 C-K SPOTLIGHT Happy 20th Anniversary to the Institute for Law and the Workplace at INSTITUTE FOR LAW AND THE WORKPLACE Created in 1996, the Institute for Law and the Workplace is a national center for research, training, dialogue and reflection on the law that governs the workplace. The institute serves as an intellectual home for the labor and employment law community in Chicago and nationally. It pools the resources of leading scholars and the professional community to train students and professionals, monitor workplace trends, and reflect upon issues confronting the labor and employment law community in a neutral academic setting. INSTITUTE FACULTY Executive Director Assistant Dean Marsha L. Ross-Jackson Director Professor Martin H. Malin Assistant Director Professor Mary Rose Strubbe Faculty Professor Howard C. Eglit Professor Richard J. Gonzalez Professor Laurie E. Leader Professor César F. Rosado Marzán Professor Henry H. Perritt, Jr. Professor Carolyn Shapiro

7 UPCOMING CLE CONFERENCES March 16, 2017 The State of Cannabis Law in 2017 and Beyond Eligible for 3.0 hrs IL MCLE credit April 7, 2017 April 20-21, 2017 May 18, 2017 June 8, 2017 Defending Our Data: Privacy, Security, and the Wave of Data Breaches free! Eligible for 4.75 hrs IL MCLE credit 34th Annual Section 1983 Civil Rights Litigation Conference Eligible for hrs IL MCLE credit 36th Annual Federal Tax Institute Eligible for 8.0 hrs IL MCLE credit 36th Annual Conference on Not-For-Profit Organizations IL MCLE credit to be determined REGISTRATION FORM Prefix Name(s) (please print) Professional Title(s) Firm/Company/Organization Address City, State, Postal Code Telephone Fax Accessibility Needs? CLE Credit? Yes No IL ARDC Number Chicago-Kent Alumni, Graduation Month & Year Registration Code (Enter characters appearing on the mailing label. Please enter this ID even if the label is addressed to someone else. Thank you!) 3 EASY WAYS TO REGISTER ONLINE cle.kentlaw.edu PHONE MAIL Office of CLE 565 W. Adams Street Chicago, IL