As wearable technology moves from wrists and pockets to glasses, jewelry and even clothing, California employers are confronting a new set of workplace questions — often before they realize the technology is already in the building.
In Episode 238 of The Workplace podcast, Matthew Roberts, CalChamber Associate General Counsel for Labor and Employment, welcomes CalChamber Employment Law Expert Sharon Novak for a timely conversation on wearable technology in the workplace.
What begins with a seemingly simple scenario — an employee shows up to work wearing prescription smart glasses — quickly opens the door to complex issues around privacy, recording, disability accommodation and policy gaps many employers don’t realize they have yet.
Drawing from real CalChamber Labor Law Helpline calls, Novak explains why wearable technology is catching employers off guard and how concerns from coworkers, managers and HR are surfacing in unexpected ways.
In the above scenario, an employee complained to HR that he felt his privacy rights were being invaded because of his coworker’s smart glasses.
Novak explains how existing laws are being applied to emerging technology, where employers still have control, and where legal limits require extra care — particularly when it comes to recording in the workplace and employee rights under federal labor law.
Roberts and Novak also discuss how employers need to be aware of wearable technologies and what they do. Employers need to develop clear, thoughtful policies to address new technology in a way that protects the employer and mitigates risk without interfering with employees’ rights under state and federal laws. Importantly, make sure any policy doesn’t outright prohibit the wearable technology.
Finally, employers should explain their policies to employees in advance — thoughtful communication and proactive planning matter as much as written policies.
Employers should listen to this podcast so they can start thinking about wearable tech strategies. As Novak makes clear, this technology isn’t coming — it’s already here, and employers who understand the risks and realities will be better positioned to respond.
