Outside Publication

Biometrics in the Workplace, HEADNOTES

February 2019

Texas and other states restrict employers’ use of employee biometric data. Unfortunately for employers, the laws vary in scope and requirements, but they all have the potential for significant penalties. While employers may be aware of obvious biometric activities—e.g., hand scanning for timekeeping purposes, they may not be aware of less obvious activities—e.g., fitness trackers that are part of an employers’ wellness programs. It is important for employers to be aware of current biometric privacy laws, as well as numerous proposed biometric privacy laws, to ensure that their policies comply with the legal requirements in all of the states where they operate.

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