Labor & Employment

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AI, Social Media, and Workplace Surveillance: HR Legal Issues in the Digital Age

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Upon Request 7 Total
Kentucky CLE Upon Request 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
HRCI Approved 6 Total
CPE for Accountants/NASBA Approved 7 Total
SHRM CP/SCP Approved 6 Total
Live Online
6 hours
David Lubben
Mark Tolman
Brandon Saxon
Marlon Primes
Jay Meisenhelder
Kevin Knight
With David Lubben from Davis & Campbell L.L.C. + 5 others

Tue, Dec 08, 00:00 AM – 00:00 PM

Product ID 102776

Register For Course

Course Includes
$429

Live Webinar Registration

OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

Overview

The Next Employment Lawsuit May Already be Hiding in Your Software

How far can you go in monitoring employees? How should AI-generated records be handled in workplace investigations and litigation? Are your HR technology vendors creating hidden legal risks?

Technology is reshaping the workplace faster than many employers can adapt. This program examines the workplace technology issues every HR professional and employment attorney should understand, from AI and electronic communications to surveillance, cybersecurity, records retention, and remote work. Gain practical guidance you can immediately apply to help employers stay compliant while embracing new technology. Register today!

  • Reduce legal risk when employers use AI to make hiring, evaluation, discipline, and termination decisions.
  • Build practical AI use policies that protect information while supporting workplace productivity.
  • Navigate evolving legal obligations for remote work, accommodations, and accessibility.
  • Advise employers on lawful employee monitoring, privacy, and social media practices.
  • Handle electronic communications and AI-generated records with confidence during investigations and litigation.
  • Strengthen records retention and cybersecurity practices while preparing for today's biggest HR data risks.
  • Identify when technology may unintentionally transform an independent contractor into an employee.

*Mention of specific products or providers is informational only and does not constitute NBI endorsement. This program is not sponsored by any technology or electronics provider.

Abbreviated Agenda

  1. AI in Employee Hiring, Performance Management, and Terminations
  2. Employee AI Use and Policy Best Practices
  3. Workplace Surveillance and Data Privacy - Can You Monitor Employees This Way?
  4. Wage and Hour Compliance, HR Technology, and Vendor Management
  5. Remote Work, Accommodations, and Leave
  6. Social Media and Off-Duty Conduct
  7. Texts, Teams, Slack, AI Meeting Notes, and Electronic Evidence
  8. Records Retention, Destruction, Cybersecurity, and Data Breaches
  9. Ethics: AI Competence, Confidentiality, and Privilege

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Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Related Topics

Product ID 102776

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Upon Request 7 Total
Kentucky CLE Upon Request 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
HRCI Approved 6 Total
CPE for Accountants/NASBA Approved 7 Total
SHRM CP/SCP Approved 6 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in

  1. AI in Employee Hiring, Performance Management, and Terminations

    1. What the EEOC and Other Agencies Are Saying
    2. State AI Hiring Regulations: Quick Survey
    3. Recent AI Employment Litigation: Key Lessons for Employers
    4. Using AI in Hiring Without Violating Employment Laws
    5. AI-Generated Employment Documents: Policies, Handbooks, Evaluations, and Agreements
    6. Managing the Legal Risks of AI-Driven Performance Management and Termination Decisions

  2. Employee AI Use and Policy Best Practices

    1. Confidentiality, Privilege, and Accuracy Risks
    2. IP Ownership and Trade Secret Exposure
    3. Building an Effective AI Use Policy: Current Best Practices
    4. AI Agents, Autonomous Workflows, and Other Emerging Issues to Watch

  3. Workplace Surveillance and Data Privacy - Can You Monitor Employees This Way?

    1. Employee Privacy Legal Framework
    2. Productivity Monitoring, Keystroke Logging, Screenshots, and Web Tracking
    3. AI-Powered Monitoring, Productivity Scoring, and Behavioral Analytics
    4. Remote Worker Surveillance in the Home Office
    5. Biometric Data: Fingerprints, Facial Recognition, Voiceprints, and Wearables
    6. GPS, Geofencing, and Location Tracking

  4. Wage and Hour Compliance, HR Technology, and Vendor Management

    1. Timekeeping and Off-the-Clock Work Risks
    2. Where Scheduling Software is Generating Legal Headaches
    3. Independent Contractor or Employee? When Algorithmic Control Creates an Employment Relationship
    4. HR Technology Contracts: AI Clauses, Data Ownership, Security, and Indemnification
    5. Vendor Audits, Bias Testing, and Ongoing Compliance Monitoring

  5. Remote Work, Accommodations, and Leave

    1. Multistate Remote Work Compliance Issues
    2. Remote Work as a Reasonable Accommodation: Current Standards
    3. Accessibility Requirements for HR Technology and Digital Platforms
    4. AI Tools in the ADA Interactive Process and Leave Administration: Legal Traps

  6. Social Media and Off-Duty Conduct

    1. Social Media in Background Checks and Hiring: What You Can and Cannot Do
    2. Balancing Employer Interests With Protected Activity, Political Speech, and Online Misconduct
    3. Drafting a Lawful Social Media Policy

  7. Texts, Teams, Slack, AI Meeting Notes, and Electronic Evidence

    1. Email, Text Messages, Social Media, Teams, Slack, Zoom, and Beyond: Key Issues and Answers
    2. Handling AI-Generated Content
    3. Digital Harassment Through Online Platforms: Employer Liability and Response Obligations
    4. BYOD, Personal Devices, and Employer Access
    5. Litigation Holds and Preservation Pitfalls
    6. Preserving Attorney-Client Privilege in Legal Investigations

  8. Records Retention, Destruction, Cybersecurity, and Data Breaches

    1. HR Data Collection, Retention, and Employee Access Rights
    2. Retention of AI-Generated Summaries, Chat Histories, Transcripts, and Personnel Files
    3. Reasonable Security Obligations
    4. Cybersecurity Policies: Current Best Practices
    5. Biggest Threats Currently Targeting HR and Payroll
    6. Responding to Cyber Incidents: HR's Role and Obligations

  9. Ethics: AI Competence, Confidentiality, and Privilege

    1. Competence and the Duty to Understand AI
    2. Supervision Obligations
    3. Confidentiality When Using AI Tools
    4. Attorney-Client Privilege, Work Product, and AI
    5. AI Hallucinations

Who Should Attend

This program is designed for HR professionals, in-house counsel, employment attorneys, accountants, and business owners navigating the legal challenges of technology in the workplace.

Speakers

David Lubben
David
Lubben
Davis & Campbell L.L.C.
Mark D Tolman
Mark D.
Tolman
Parsons Behle & Latimer
Brandon D Saxon
Brandon D.
Saxon
Gordon Rees Scully Mansukhani, LLP
Marlon A Primes
Marlon A.
Primes
Brennan, Manna & Diamond, LLC
Jay Meisenhelder
Jay
Meisenhelder
Jay Meisenhelder Employment & Civil Rights Legal Services, P.C.
Kevin T Knight
Kevin T.
Knight
DSK Law
Speaker bio
David Lubben

David Lubben

Davis & Campbell L.L.C.
David Lubben

is an attorney at Davis & Campbell L.L.C., emphasizing both employment litigation and commercial litigation in his practice. He represents employers in all aspects of employment disputes, including protecting proprietary information, enforcing non-competition and non-solicitation agreements, collective action wage and hour disputes, OSHA compliance, immigration compliance, FMLA and other leave issues, and employee benefits disputes. Mr. Lubben regularly defends EEOC and state discrimination charges, and frequently represents employers in discrimination and retaliation lawsuits filed in state and federal courts and in arbitration proceedings. He is a member of the American Bar Association, Labor and Employment Law Section. Mr. Lubben earned his B.A. degree, magna cum laude, from the University of Illinois and his J.D. degree, with distinction, from Stanford Law School.

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Speaker bio
Mark D Tolman

Mark D. Tolman

Parsons Behle & Latimer
Mark Tolman

is a shareholder and employment and labor practice area co-chairperson in the Salt Lake City office of Parsons Behle & Latimer. He practices employment law and commercial litigation in matters before state and federal courts, Utah Labor Commission and Equal Employment Opportunity Commission. In addition to his active litigation practice, Mr. Tolman also works with employers to help them develop preventative employment practices and policies, and frequently provides in-house training to managers and non-managers alike. He is also the legal affairs director of the Salt Lake Chapter of the Society for Human Resource Management (Salt Lake SHRM). Mr. Tolman earned his B.S. degree, summa cum laude, at Weber State University and his J.D. degree, with honors, at the University of North Carolina at Chapel Hill.

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Speaker bio
Brandon D Saxon

Brandon D. Saxon

Gordon Rees Scully Mansukhani, LLP
Brandon Saxon

serves as assistant managing partner of Gordon Rees Scully Mansukhani, LLP's San Diego office, where he is the chair of the office's employment practice group. He is also the assistant chair of the firm's national employment group. Mr. Saxon's practice focuses on a wide range of civil litigation matters, including the defense of companies and employers in environmental and employment related actions. He has litigated a number of matters to successful resolution in both state and federal courts, and has experience in a variety of heavily regulated practice areas. Mr. Saxon is a member of the Louis M. Welch Inn of Court and the San Diego Bar Association. He earned his B.A. degree from Boston College and his J.D degree from the University of Denver Sturm College of Law. Mr. Saxon is admitted to practice law in California and before the U.S. District Court, Central, Eastern, Northern and Southern districts of California.

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Speaker bio
Marlon A Primes

Marlon A. Primes

Brennan, Manna & Diamond, LLC
Marlon Primes

is a partner in the Cleveland office of Brennan, Manna & Diamond, LLC. He is a distinguished former assistant U.S. attorney for the Northern District of Ohio, with over 30 years of experience. Mr. Primes has transitioned to serve as co-chair of BMD's business and tort litigation practice, and represents companies across the U.S. in high-stakes litigation. He has handled a wide variety of complex civil litigation in state, federal and appellate courts, including jury trials and appellate actions. Mr. Primes earned his B.S. degree from Ohio University and his J.D. degree from Georgetown University Law Center.

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Speaker bio
Jay Meisenhelder

Jay Meisenhelder

Jay Meisenhelder Employment & Civil Rights Legal Services, P.C.
Jay Meisenhelder

is an attorney and founder of Jay Meisenhelder Employment & Civil Rights Legal Services, P. C., located in Indianapolis. He practices in the areas of employment and discrimination law. Mr. Meisenhelder received his A.B. degree from Indiana University; his M.B.A. degree from the University of Maryland; and his J.D. degree, cum laude from Indiana University, Maurer School of Law. He is admitted to practice law in Indiana and before the U.S. District Court for the Northern and Southern districts of Indiana U.S. District Court Western for the District of Michigan; U.S. Court of Appeals for the 7th Circuit; U.S. District Court for the Middle District of Florida, pro hac vice; and U.S. Court of Appeals for the 11th Circuit.

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Speaker bio
Kevin T Knight

Kevin T. Knight

DSK Law
Kevin Knight

is a partner in the law offices of DSK Law. He is board-certified as a trial lawyer by both The Florida Bar and the National Board of Trial Advocacy. Over the course of his practice, Mr. Knight has generally focused on personal injury litigation. He earned his B.S.B.A. degree, summa cum laude, from the University of Central Florida and his J.D. degree from Stetson University College of Law.

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