Worker Surveillance, Collective Resistance – LPE Project

Knitting Together Patchwork Privacy and Labor Law Frameworks to Protect Workers from Corporate Surveillance

Ann Sarnak — Thu, 09 Feb 2023 11:00:00 +0000

To protect low-wage workers from invasive digital surveillance that follows them home, Congress needs to adopt a comprehensive framework that protects both worker and consumer data. In the absence of such Congressional action, regulatory action such as the FTC’s advanced notice of proposed rulemaking and the National Labor Relations Board’s recent focus on surveillance can be used to improve the situation. Finally, labor law doctrines should venture even further to address the impacts of surveillance: for instance, the NLRB should hold that evidence of surveillance is an essential term or condition of employment for determining whether two companies are a worker’s joint employer under its newly proposed joint employer rule.

Beyond Privacy: Changing the Data Power Dynamics in the Workplace

Ann Sarnak — Tue, 07 Feb 2023 11:00:00 +0000

This post is part of a symposium on Worker Surveillance & Collective Resistance. Read the rest of the posts here. *** Workplace surveillance not only intrudes upon employees’ privacy—it is also a method of mass data collection and value creation. By generating huge data sets to feed increasingly sophisticated algorithms, employers draw even more value out of the employment relationship without any...

Source

Electronic Surveillance Is Short-Circuiting Employment and Labor Law

James Brandt — Mon, 06 Feb 2023 11:00:00 +0000

This post is part of a symposium on Worker Surveillance & Collective Resistance. Read the rest of the posts here. *** As part of its investigation into workplace safety and health hazards in Amazon warehouses, OSHA recently cited three Amazon facilities for violating the OSH Act’s General Duty clause, which requires employers to keep workplaces “free from recognized hazards.” In the citations...

Source

Surveillance and Resistance in Amazon’s Growing Platform Ecosystem

Ann Sarnak — Thu, 02 Feb 2023 11:00:00 +0000

This post is part of a symposium on Worker Surveillance & Collective Resistance. Read the rest of the posts here. *** The world of work is constantly in flux, evolving and co-evolving along with changes in societal, political-economic, and technological conditions. These changes not only come to structure working conditions through new forms of management and surveillance, but also inform the...

Source

Labor Under Many Eyes: Tracking the Long-Haul Trucker

Ann Sarnak — Tue, 31 Jan 2023 11:00:00 +0000

This post is part of a symposium on Worker Surveillance & Collective Resistance. Read the rest of the posts here. *** In 2017, the United States government required that all long-haul truck drivers install electronic logging devices, or ELDs. ELDs were intended to address one of the most pervasive, longstanding, and notorious problems in trucking: fatigue. Truckers are famously overworked and...

Source

Workplace Surveillance, Collective Resistance: A Symposium

Ann Sarnak — Mon, 30 Jan 2023 11:00:00 +0000

This post introduces a symposium on Worker Surveillance & Collective Resistance. Read the rest of the posts here. *** Surveillance in the workplace has long been a reality and subject of contestation. Yet over the past few years, evolving forms of digital monitoring and remote work during the COVID-19 pandemic have come under increasing scrutiny, as workers, reporters, and scholars have brought...

Source