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Employee Monitoring and Surveillance: Legal, Ethical and Strategic Considerations

Learn about the latest legal trends in employee monitoring, privacy rights, and defending against employment discrimination claims.

During this presentation, attendees will be informed of the current state of the law with respect to advising clients regarding monitoring employees. The course will include a historic lookback on employee management and monitoring, as well as a comprehensive breakdown of recent/current national case law precedent on issues impacting employers related to employee monitoring. The course will provide useful information and tips for advising clients on issues ranging from privacy rights to defense of employment discrimination claims.

64 minutes
Certificate of Completion
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Why Lorman?

Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Employee Surveillance Overview

  • History of Fourth Amendment Privacy Rights
  • Explanation of Exceptions to Privacy Protections
  • Electronic Communications Privacy Act - Comprehensive Breakdown
  • Examples - Test Cases and Appellate Precedent

Advising Clients

  • Liability Protection
  • Potentials for Employee and Public Backlash
  • Third Party Contracting
  • Ethical Considerations
  • Public Relations/Perception

Wrap-up

  • What Does First 90 Days of Current Administration Tell Us About the Nationwide Treatment of Workers' Rights?
  • Where Are Labor Unions on the Issue of Worker Surveillance and Monitoring?
  • What Sort of Admissibility Hurdles and Chain of Custody Hurdles Must Be Cleared to Utilize Recorded Information Against an Employee?
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Why Lorman?

Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on April 17, 2025.

Call 1-866-352-9540 for further credit information.

  • ASA 1.0
     
  • This program may qualify for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]. Please retain proof of attendance in the event your CE record is audited.
     
  • AK CLE 1.0 including Ethics 0.25
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education, including 0.25 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0 including Ethics 0.25
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona, including 0.25 hour of professional responsibility.
     
  • CA MCLE 1.0 including Ethics 0.25
     
  • Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit, of which includes .
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • MO CLE 1.3
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • ND CLE 1.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 63 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.3 including Ethics 0.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours, including 0.3 hours of ethics credit.
     
  • SHRM 1.0
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Matthew A. McKinney, Esq.

Matthew A. McKinney, Esq.

Tucker Arensberg, P.C.

  • Associate in the office of Tucker Arensberg, P.C., based in Pittsburgh, PA
  • Member of firm’s Labor & Employment and Real Estate & Construction Groups
  • Handles various state and federal actions in litigation and assists with document preparation, pleadings, discovery and briefing.
  • Former Judicial Intern for Hon. Nora Barry Fischer, Senior Judge in the U.S. District Court for the Western District of PA
  • J.D. Degree, Tulane Law School; B.A. Degree, Tulane University
  • Spent two undergraduate semesters at the University of Sydney, where studies focused on politics and history of Oceania and Asia
  • Can be contacted at [email protected]
Kenneth G. Scholtz, Esq.

Kenneth G. Scholtz, Esq.

Tucker Arensberg, P.C.

  • Shareholder in the office of Tucker Arensberg, P.C., based in Pittsburgh, PA
  • Member of firm’s Labor & Employment and Real Estate & Construction Groups
  • Representative clients have included nursing homes, regional hospital systems, national and regional utility providers, real estate property owners, investors and managers, real estate agents and brokers, construction companies, manufacturers in the energy and automotive industry, oil & gas contractors, as well as local school districts and municipalities
  • Real estate investment/management practice includes clients with over 4,000 units nationwide
  • Skilled practitioner in real estate disputes, tax assessment appeals, Workers’ Compensation litigation, and general commercial litigation
  • Presenter for previous seminars including: Fair Housing Act Compliance, Avoiding Workplace Injury Liability - Employer Directives; and Pain Management - Opioid Utilization
  • Graduate of University of Virginia Trial Advocacy College; Graduate of Leadership Pittsburgh; J.D. Degree, Dickinson School of Law, Pennsylvania State University; B.A. Degree, Bucknell University
  • Can be contacted at [email protected]
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Why Lorman?

Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 412079
Published 2025
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