(With thanks to Lois Rodriguez from our Madrid office for preparing this post in collaboration with Yana Komsitsky.)

Before conducting workplace surveillance, employers who want to monitor their workplaces, even if they suspect their employees of stealing or other nefarious activity, should heed the recent European Court of Human Rights (ECHR) judgement in the case of Lopez Ribalda and others v. Spain.

In early January, the ECHR held in favor of five supermarket chain employees who had been dismissed after they were caught stealing on hidden cameras because the cameras had intruded on their right to respect for private and family life.


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We put our heads together to come up with some predictions for 2018.

Read the Horizon Scanner for more details but, in a nutshell, we predict:

  1. Multiplying statutory obligations aimed at closing the gender pay gap
  2. A push to become data-privacy compliant before GDPR is effective May 25, 2018
  3. Growing paid leave benefits for families

In October, we discussed one of the hottest trending class-action claims: the Illinois Biometric Privacy Act (BIPA). In our alert, we noted that it was not clear whether a plaintiff would need to show a concrete injury to be entitled to damages or whether a mere statutory violation would be sufficient to warrant damages.

On November 21, the Second Circuit Court of Appeals issued a decision on this very issue.


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Attention employers using biometric identification technology, such as retina scans, fingerprint identification and facial recognition technology:

A number of corporations in Illinois, including internet and video game companies, food product manufacturers, gas stations, and restaurant chains, have been sued in the past few months for alleged BIPA violations.

Here’s what you need to know


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