Be Aware of Technology-Related Legal Risks Amid COVID-19.
Temperature scanning devices, social distancing monitoring apparatus wearable devices, surveillance cameras, and kiosks are only a few of the new systems that have been designed to slow the spread of COVID-19 and provide employers with solutions for dealing with new workplace challenges during the pandemic. Employers are advised to keep in mind that these systems and devices may raise privacy concerns under the ADA. For example, temperature checking technology may store information considered confidential under the ADA. Products may use facial recognition software or location data tracking, store sensitive information, or beep, buzz, or vibrate and exacerbate certain health conditions of employees. If your company already implements any of these systems, or if you are planning on implementing them in the future, make sure you are aware of these potential concerns.
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In a recent decision, the U.S. District Court for the Middle District of Florida declined to dismiss WARN Act claims asserted by employees who were laid off during the COVID-19 pandemic.
Benson et al. v. Enterprise Leasing Company of Florida LLC et al., No. 6:20-cv-00891, (M.D. Fla. Jan. 4, 2021). The decision may provide a preview of how other federal courts will handle pandemic-related WARN Act claims, as employers could find it difficult to persuade courts to dismiss these claims at an early stage in the proceedings.
The WARN Act: