I think back to this photo often for a number of reasons. Lizard men paranoia aside is there any person who s done more to shape the modern internet-driven society than the founder of Facebook? And what does that tell us when Zuckerberg, of all people, is taking these precautions, manually blocking the microphone and camera of his personal computer in such a simple, crude way? Who is he hiding from? What is he hiding from? The possibilities have such a spooky, disconcerting quality, that it’s almost natural to imagine some faceless enemy reaching out, penetrating the screen, and emerging from the laptop like an enraged poltergeist.
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Never before have we welcomed a year with quite the hope and exuberance as we welcome 2021. While some good things did happen in 2020, for most employers, 2020 added layers of complexity to the role of human resources that could not have been anticipated this time last year. So what should we expect in 2021?
Employer Monitoring vs. Employee Privacy in the Remote Workspace
During 2020, the pandemic changed the way we lived and worked – and opened the door to a new era of remote working. While many employers will require employees to permanently return to the workplace once the threat of the virus is removed, many will not, and employees will seek out jobs that allow them to live in any location and work from home. This new landscape has required employers to adjust policies and practices to allow for meetings, conferences and business to take place via on-line platforms with participants in different locations. It has
Executive Summary
Over the past year, governments have made unprecedented demands for online platforms to police speech, and many companies are rushing to comply. But in their response to calls to remove objectionable content, social media companies and platforms have all too often censored valuable speech. While it is reasonable for companies to moderate some content, no one wins when companies and governments can censor online speech without transparency, notice, or due process.
This year’s Who Has Your Back report examines major tech companies’ content moderation policies in the midst of massive government pressure to censor. We assess companies’ policies in six categories:
If You’re Tracking Employee Behavior, Be Transparent About It
You need to explain how and why you’re monitoring. by Summary.
Maintaining a corporate surveillance program that operates only in the shadows might nab the occasional miscreant, but it does little to promote positive conduct or to deter inappropriate use of corporate assets when employees are working from home. A more balanced approach should include clear communications with employees explaining the reasons for, and existence of, corporate monitoring programs. Being transparent about how you’re monitoring employees should be consistent with a transparent culture and a relationship of trust. Helpfully, this also aligns with the underlying legal framework in the U.S., which is premised on concepts of legitimate interest and notice, and is strengthened further when employees provide their consent to be monitored.
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On December 10, 2020, the U.S. District Court for the Northern District of California held its Class Action Symposium. The symposium is as timely as ever. Food, beverage, and consumer product class actions are rocketing, with projected filings up 24 percent over 2019. The Northern District of California sees a substantial subset of these filings, earning it the nickname “the Food Court.”
The symposium featured distinguished speakers such as the Honorable Charles Breyer, Erwin Chemerinsky, and several of the nation’s leading class action litigators. In a matter of hours, the symposium packed in a variety of top-of-mind topics for practitioners: (1) guidance for class action settlements, (2) key developments in Ninth Circuit case law, and (3) predictions about class action cases at the Supreme Court.