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As Wearables in Workplace Spread, So Do Legal Concerns

3.13.16

The article, “As Wearables in Workplace Spread, So Do Legal Concerns,” featured in The Wall Street Journal, discussed the rise of wearable devices that can monitor employees’ health, track their locations and how companies are allowed to use the data, in which they provide.

Jason Geller provided legal advice on managing wearable technologies in the workplace.

Employers who mandate wearables should provide a policy stating the job-related reason for collecting the data and the limits on its use, said Jason.

As employers turn to productivity data to justify raises, promotions and firings, such data likely will become key in employer-employee litigation, he said. If less active employees are being penalized, employees might bring a claim that the company is discriminating against less healthy employees or those with a disability.

“The employer may need to ask itself, ‘Do I need to initiate a discussion with this employee about whether the productivity was related to a disability?" said Jason.

To read the full article, please visit The Wall Street Journal.

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