shutterstock_384992695Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it has already been used in personal injury and criminal cases, it is only a matter of time before wearable device data is proffered as evidence in an employment case.

From Fitbit to the Nike FuelBand to a slew of others, the worldwide wearable market has exploded in recent years. In a world increasingly obsessed with health and fitness, wearable devices offer instantaneous and up-to-the-minute data on a number of metrics that allow the user to assess his or her own health and fitness. Wearable devices can track information like heart rate, calories, general level of physical activity, steps taken, diet, blood glucose levels and even sleep patterns. Given the nature of the information captured, it is easy to see how wearable device data may be relevant to claims of disability discrimination, workers’ compensation and even harassment.
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We have all heard about the need for companies to develop “Bring Your Own Device” (or “BYOD”) policies and protocols because of the rapid proliferation handheld and mobile computing devices that are owned by the employee (or Officer, or CEO even). These policies have both benefits, as well as the potential for liability in the global context of international business.

So far, managers, lawyers, HR professionals, and the rest of us who worry about such things have been able to limit our concern with devices that actually look like computing devices. The smartphone, the tablet, the personal laptop; these are all things that those of us who want to manage the balance between a company’s assets, and its employee’s flexibility end up thinking about. However, this is about to change in a very subtle and almost invisible way. Now we have to worry about our employee’s clothes.Continue Reading Wearable Networks – The Employee’s New Clothes