Expert HR Systems: A Guide for Counsel

I am pleased to announce that my paper, tentatively titled “Countering Bias in Expert HR Systems: A Guide for In-House Counsel,” has been accepted for publication in the International In-house Counsel Journal.   

The paper will present a very user-friendly guide to understanding and managing the risk from expert HR systems.  As I’ve argued in this blog, management-side employment counsel must get deep under the hood of expert systems designed to perform evaluative functions on candidates and employees.  From procurement to deployment, counsel must be equipped to understand the bias that will likely (unintentionally) creep into algorithmic decision-making and to manage the risk of such bias.

Still More on Algorithmic Bias

I’ve written extensively on Algorithmic Bias and the role that employment lawyers will have to play in countering it.  A recent paper published in Science shows that bias empirically.

Continue reading “Still More on Algorithmic Bias”

How to Build a Privacy and Cyber Security Program (Nonprofit Edition)

 

While many in the nonprofit community believe that a privacy and cybersecurity program is beyond their means, the fact is there are many ways to tackle this problem—many of which are low and no cost—and most of which is low-tech. And the cost of doing nothing is very high. In the highly competitive world of nonprofit reputation management, the consequences of a breach can be absolutely devastating.

I enjoyed presenting on this subject to a lively and engaged crowd at the NTEN Nonprofit Technology Conference with my colleague Raf Portnoy.

  • Session details here
  • Slides here 
  • Participant’s notes from our presentation are here.  

Paying Employees in Bitcoin?

Employers in the US likely cannot pay their employees in virtual currencies (VC) such as Bitcoin or Ethereum.  For employers who are still interested (or not fully persuaded by my line of reasoning), I offer some liability minimizing strategies, below.

(Post updated 4/3/2017)

Continue reading “Paying Employees in Bitcoin?”

Don’t Ignore Payroll Pros

The payroll office – which combines the most sensitive employee information and the ability to cause money transfers – is where the “rubber hits the road” for both cyber security and its close cousin, privacy.  Managing security and privacy risk – and interfacing with information security experts – is (and should be) increasingly part of the payroll professional’s job duties.   In short: payroll professionals should be a part of the cybersecurity planning process.

Here is the presentation that I recently presented at the annual meeting of the NY Metro Area chapter of the American Payroll Association.

Privacy + Security Forum

Update  (10/29/16): Here is the slide deck Bret and I presented.

I am pleased to be speaking at the Privacy + Security Forum this week.  The agenda is packed with great topics — and it is clear that the employment relationship will be discussed throughout.  At the same time, only two sessions deal exclusively with the employment relationship:  one discussing on pre- and post-employment background checks (Combating the Insider Threat:  Background Screening and Monitoring) and the one I am leading, Privacy and Security in the Employment Relationship.  This tells me that the centrality of the employment relationship to the security and privacy realm is not yet fully understood to practitioners.

I am grateful to Professor Solove for the opportunity to share my views on the topic – and I look forward to being joined by my co-presenter, Bret Cohen at Hogan and Lovells!