November 9, 2022
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Employee Monitoring Isn’t Just for the Factory Floor Any More


When Frederick Taylor first began testing his “scientific management” theories as a foreman at Midvale Steel Company in the late nineteenth century, his focus was on factory floor productivity, trying to determine how to improve the efficiency of industrial workers. Since then such productivity monitoring has filtered into low-wage service work, such as fast-food prep or warehouse sorting and now to more white collar work where employees are monitored by software that logs keystrokes, active screen time, and even whether or not a worker is in front of their laptop.

This is the story the New York Times recently took up with a large-scale survey of hundreds of workers across the country to understand their experiences with workplace monitoring, especially in white collar jobs which are increasingly going remote. What has long been known by factory workers and low-wage workers like Amazon packers the world over is now entering the work lives of the college educated “thought” workers.

The Times article profiles numerous employees, managers and software engineers behind workplace monitoring software and discovered people who were docked pay for not being at their desk or typing enough, a bereavement chaplain who had to earn performance points by attending funerals or making phone calls to grieving family members, and a many who felt they were not being compensated for work that didn’t take place on a computer where they were monitored.

As more people desire to continue remote work, these kinds of frictions are set to increase and, combined with companies desperate to get employees back in the office, these problems are likely to mount in the coming months and years.

Berke-Weiss Law Attorneys Speak at Endometriosis Foundation Conference

March 27, 2023
Disability Discrimination
Berke-Weiss Law in the News
Berke-Weiss Law attorneys, Laurie Berke-Weiss, Alex Berke, and Rosa Aliberti, spoke at the EndoFound Global Patient Symposium, commonly referred to as Patient Day, about the legal rights and protections for those with endometriosis.

AI and Compliance, Employers Brace for a Brave New World

March 16, 2023
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Over the last decade, more and more companies have utilized automated tools to aid in hiring, training, retaining. Historically, when practices and technologies are adopted rapidly, the law takes time to catch up and this is no different, with 2023 looking to be a year where companies are going to come under more detailed regulatory and compliance regimes focused on AI.

Elon Musk’s Public Mocking of Employee’s Disability Highlights the Importance of Reasonable Accommodations and Health Information Privacy

March 16, 2023
Disability Discrimination
Elon Musk mocked a Twitter employee for his disability and lack of clarity regarding job status, highlighting issues disabled workers face in the workplace.

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