Session I - How to Re-Program the Remote (Workforce): Challenges Facing Employers in the Remote Work World – Amy E. Puckett
Three years into the pandemic, remote and hybrid work has become the norm rather than the exception in many industries. This presentation will cover challenges facing employers as they adjust to having a temporary or even permanent fully-remote or hybrid workforce. Having a remote workforce may impact everything from job posts to employee policies, procedures, and training.
Employers with remote employees should consider: (1) jurisdictional implications of having a remote workforce; (2) workers’ compensation issues when an employee is working from home; and (3) policy and procedure considerations with a remote or hybrid workforce.
Key topics to be discussed:
Workers’ Compensation and Remote Work
Jurisdictional Issues and Remote Work
Policies and Procedures and Remote Work
Session II - Remote Workers - Privacy Rights in a Remote Work World: Can My Employer Monitor My Activity? – Bonnie L. Henry
Between 2019 and 2021, the percentage of employees working primarily from home tripled. Worried that the rise in remote work would compromise employee productivity, employers have steadily adopted employee surveillance technologies. This has raised questions about the legal and ethical implications of enhanced employee monitoring, which, in some cases, has prompted proposed legislation or the expansion of legislation that is already on the books.
This CLE program will discuss federal and state regulation of employee monitoring and employees’ legal rights. First, it will provide an overview of federal and state restrictions on employee monitoring, as well as the gaps in these protections. Second, it will turn to recent legislative developments and attempts to further protect employee privacy. Third, it will discuss how other legal rights—such as attorney-client privilege and the right to engage in concerted activity—intersect with the right to privacy. Finally, it will close by discussing (1) circumstances in which employees may have legal claims against employers who engaged in monitoring; and (2) anticipated policy developments.
Key topics to be discussed:
The rise in employee monitoring and the accompanying risks for employees
Federal and state laws and regulations that govern employee monitoring
Employee privacy rights
Employment law issues
Anticipated policy developments
Date: March 10, 2023
Amy E. Puckett | Bradley
Amy Puckett’s practice includes diverse experience in the areas of employment law and financial services regulatory compliance and contract negotiation.
In her employment practice, Amy advises employers on compliance and best practices for employment policies, as well as employee management, training, and, when necessary, discipline or termination. She represents clients against claims relating to Title VII of the Civil Rights Act, the ADA, the FMLA, the North Carolina Trade Secrets Protection Act, confidentiality and non-disclosure agreements, and breach of employment contracts. She also drafts and negotiates employment contracts, including non-competition agreements, non-disclosure agreements, and severance agreements.
In her financial services practice, Amy advises financial institutions on compliance with the regulations of the Consumer Financial Protection Bureau (CFPB), as well as other state and federal regulations. She helps clients remain in compliance with and respond to inquiries from the CFPB, state attorneys general, and state banking departments. As a member of the firm’s Banking and Financial Services team, she also negotiates vendor services contracts and consulting services agreements for clients.
Previously, Amy served as vice president of Relationship Management and Compliance for E4E Relief LLC, a wholly owned subsidiary of Foundation For The Carolinas and one of the largest community foundations in the United States. In that role, she served as the dedicated relationship manager for clients, helping set up grant programs for companies to assist their employees during times of disaster or financial hardship and providing day-to-day support, stewardship, and philanthropic counsel. She also directed E4E Relief’s contract compliance program, ensuring compliance with contractual obligations, as well as IRS guidelines and domestic and international data privacy requirements.
Bonnie L. Henry | Katz Banks Kumin, LLP
Her areas of practice include employment law; discrimination and retaliation; whistleblower claims; and sexual harassment and sexual assault.
Prior to joining KBK, Bonnie served as a Law Clerk to the Honorable Debra Ann Livingston of the U.S. Court of Appeals for the Second Circuit. Bonnie received her J.D., with high pro bono distinction, from Stanford Law School in 2021. While in law school, Bonnie participated in the Supreme Court Litigation Clinic, where she worked on both petitions for certiorari and merits briefing. She was a Notes Editor for the Stanford Law Review and won the award for Best Overall Team in Stanford’s Kirkwood Moot Court Competition.
Before attending law school, Bonnie worked as a Paralegal Specialist with the U.S. Department of Justice, Antitrust Division. She received a B.A. in Political Science, with honors, from Brown University.
Bonnie is a member of the District of Columbia bar.
Session I – How to Re-Program the Remote (Workforce): Challenges Facing Employers in the Remote Work World | 12:50pm – 1:50pm
Workers’ Compensation and Remote Work | 12:50pm – 1:10pm
Jurisdictional Issues and Remote Work | 1:10pm – 1:30pm
Policies and Procedures and Remote Work | 1:30pm – 1:50pm
Break | 1:50pm – 2:00pm
Session II – Remote Workers – Privacy Rights in a Remote Work World: Can My Employer Monitor My Activity? | 2:00pm – 3:00pm
The rise in employee monitoring and the accompanying risks for employees | 2:00pm – 2:10pm
Federal and state laws and regulations that govern employee monitoring | 2:10pm – 2:20pm