Are there any laws concerning the use of wearable technology in the workplace?

Yes, there are laws concerning the use of wearable technology in the workplace in New York. The most notable law that applies to wearables in the workplace is the New York State Human Rights Law, which was amended more recently in August 2020 to provide protection against discrimination based on wearing a device, such as a fitness tracker or smartwatch. In addition, the New York City Human Rights Law was amended in 2019 to expressly include the right to wear wearable technology in the workplace. Wearable technology such as fitness trackers, smartwatches and other biometric sensors are considered to be “personal devices” which are protected from discrimination in the workplace. Employers in New York must also be aware of the Computer Fraud and Abuse Act, which provides for criminal penalties for the unauthorized use of an individual’s wearable technology in the workplace. This law also applies to the access, use or distribution of an individual’s personal information stored on a wearable device. It is important for employers in New York to understand the legal implications of the use of wearable technology in the workplace. Employers should ensure that they are compliant with the relevant laws, and that they have adequate policies and procedures in place to protect their employees’ privacy and personal information. Employees should also be aware of their rights under applicable laws.

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