Don’t mistake presence for performance. Showing up is not a sign of commitment or contribution. It’s an act of compliance. What matters is the value people create, not the place they inhabit.
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https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-to-curb-unchecked-worker-surveillance/
CFPB Takes Action to Curb Unchecked Worker Surveillance
Booming “black box” scores subject to federal standards, including accuracy and dispute rights OCT 24, 2024
WASHINGTON, D.C. – Today, the Consumer Financial Protection Bureau (CFPB) issued guidance to protect workers from unchecked digital tracking and opaque decision-making systems. The guidance warns that companies using third-party consumer reports — including background dossiers and surveillance-based, “black box” AI or algorithmic scores about their workers — must follow Fair Credit Reporting Act (FCRA) rules. This means employers must obtain worker consent, provide transparency about data used in adverse decisions, and allow workers to dispute inaccurate information. As companies increasingly deploy invasive tools to assess workers, this ensures workers have rights over the data influencing their livelihoods and careers.
“Workers shouldn't be subject to unchecked surveillance or have their careers determined by opaque third-party reports without basic protections,” said CFPB Director Rohit Chopra. “The kind of scoring and profiling we've long seen in credit markets is now creeping into employment and other aspects of our lives. Our action today makes clear that longstanding consumer protections apply to these new domains just as they do to traditional credit reports.”
The CFPB's circular addresses the use of third-party consumer reports by employers to make employment decisions about their workers. These reports increasingly extend beyond traditional background checks and may encompass a wide range of information and assessments about workers. For example, some employers require workers to install apps on their personal phones that monitor their conduct, which may be used to assess their performance.
Currently, such consumer reports may be used to:
Predict worker behavior: This includes assessing the likelihood of workers engaging in union organizing activities or estimating the probability that a worker will leave their job, potentially influencing management decisions about staff retention and engagement strategies.
Reassigning workers: Automated systems may use data on worker performance, availability, and historical patterns to reassign team members.
Issue warnings or other disciplinary actions: These consumer reports might flag potential performance issues, leading to automated warnings or recommendations for disciplinary measures (potentially including firing) without direct human oversight.
Evaluate social media activity: Some reports may include analysis of workers' social media presence, potentially impacting hiring or other decisions.
While background checks have long been a part of employment and hiring practices, the emergence of new technologies has expanded the scope and depth of worker tracking. These reports often contain sensitive information unknown to workers, which can significantly impact hiring decisions, job assignments, and career advancement. Inaccurate reports may cause workers to lose job opportunities, face unfair treatment, or suffer career setbacks due to information they did not even know existed, let alone had a chance to dispute.
Congress passed the FCRA in response to concerns about companies that assemble detailed dossiers about consumers and sell this information. In doing so, Congress was particularly cognizant of the impact of so-called “credit reporting” on consumers’ employment. As Congress plainly stated, and as many courts have noted, the FCRA applies both to information used for initially evaluating a consumer for employment and to information used for ongoing employment purposes.
The Fair Credit Reporting Act's protections with respect to consumer reports include:
Consent: Workers often have no idea that this personal information is being collected about them or used by employers. The CFPB circular makes clear that when companies provide these reports, the law requires employers to obtain worker consent before purchasing them. This ensures that workers will be aware of and can make informed decisions about the use of their personal information in employment contexts.
Transparency: One of the top complaints from workers is that they do not even know what information is in these dossiers. The CFPB circular emphasizes that employers are required to provide detailed information to workers when taking adverse action — including firing, denials of promotions, and demotions or other reassignments — based on the reports. This allows workers to understand the basis for employment decisions and challenge any inaccuracies that may have influenced the decisions.
Disputes: Workers also complain that this critical information is often wrong. The CFPB circular makes clear that when a worker disputes what is in a report, companies are required to correct or delete inaccurate, incomplete, or unverifiable information. This process is crucial for ensuring that workers are not unfairly penalized due to errors in these reports and have the opportunity to set the record straight.
Limits: It is often unclear what employers are doing with the information they obtain or if they are using it for other purposes beyond worker evaluation. The CFPB circular makes clear that employers can only use these reports for purposes that are allowed under the law. For example, employers generally cannot sell this information on the open market or use it to market financial products to their workers.
These protections are essential in an era where worker data is increasingly commodified and used to make critical employment decisions. By enforcing these rights, the CFPB aims to ensure that workers have control over their personal information and are protected from abuses. The CFPB will be working with other federal agencies and state regulators to ensure the responsible use of worker data.
The CFPB encourages employers to review their current practices regarding the use of third-party consumer reports to ensure compliance with FCRA requirements.
Today’s action builds on previous CFPB activity to help workers. The CFPB has highlighted the growing prevalence of employer-driven debt and challenges workers and consumers face when they become indebted to an employer as a condition of employment. The CFPB has taken enforcement action against multiple vocational schools that make false claims about hiring rates and deceive trainees about loans and their costs. The CFPB has also clarified
when the Equal Credit Opportunity Act applies with respect to franchisees seeking credit to finance their businesses. And the CFPB proposed an interpretive rule to ensure workers receive clear disclosures about the costs and fees associated with paycheck advance products, which often carry APRs over 100%.
Consumers can submit complaints about financial products or services by visiting the CFPB's website or by calling (855) 411-CFPB (2372).
Employees who believe their company has violated federal consumer financial protection laws are encouraged to send information about what they know to whistleblower@cfpb.gov.
With the increased cost of living and the past layoffs and layoffs upcoming, the year end rewards will be low to nil. Any rewards given will NOT negate the cost of living rise.
There’s no way that it even equal the increase of inflation.
As such there are so many people who are saving a ton of money by working from home, especially those with kids who don’t pay for daycare. If RTO is harshly enforced, then daycare cost, which also have risen, will be an incredible monetary strain on the family.
What better trigger for people to search for another job than that.
https://www.yahoo.com/news/tempe-wells-fargo-employee-found-222037264.html
AZCentral | The Arizona Republic
Cause of death released for Tempe Wells Fargo employee found dead in her office
Lauren De Young, Arizona Republic
Fri, October 25, 2024 at 6:20 PM EDT·2 min read
The Maricopa County Medical Examiner's Office released the cause of death on Friday for a woman who died in mid-August at a Wells Fargo office in Tempe.
Denise Prudhomme, 60, entered the Wells Fargo corporate office near Priest Drive and Washington Street on Aug. 16 at 7 a.m. but, according to records, never scanned out.
Prudhomme was discovered by security four days later on Aug. 20. Tempe police responded to a call about a “subject down” and confirmed the death, though they did not specify where in the office she was found, according to a statement from the department.
The medical examiner's report indicated that Prudhomme suffered a sudden cardiac death related to scarring of the heart muscles, though the cause of the scarring was not detailed.
Tempe police initially reported no suspicion of foul play, consistent with the medical examiner's findings.
Prudhomme not found until 4 days later
Prudhomme entered the office early on a Friday morning, but it wasn’t until the following Tuesday that a security officer found her. During the four days she was in the building, her key card showed no record of her exiting.
Police confirmed that no missing persons reports were filed during that period.
According to sources who spoke with a Republic reporter in late August, Prudhomme worked in a section of the building that was typically less populated due to remote work arrangements.
"Denise was the only person on her team in Tempe. This may be one of the reasons why her desk was located in an underpopulated area in the building and nobody checked on her for four days," read a statement by a union representing Wells Fargo employees.
One source told The Republic that security rarely conducted checks between cubicles during their patrols.
Union says Prudhomme's death 'sheds light on the reality of what it means to be a worker at Wells Fargo'
The Wells Fargo Workers United union, which represents Wells Fargo employees, criticized the company, claiming the company intensely scrutinizes workplace behavior but failed to act when Prudhomme wasn't active.
"Wells Fargo monitors our every move and keystroke using remote, electronic technologies ― purportedly to evaluate our productivity ― and will fire us if we are caught not making enough keystrokes on our computers; however, Denise went unnoticed at her desk for four days. The contradictory nature of electronic surveillance versus an unnoticed death sheds light on the reality of what it means to be a worker at Wells Fargo," the statement from the union read.
The death of Prudhomme also prompted a call for enhanced safety precautions that would alleviate stress for employees.
"The solution is not more monitoring, but ensuring that we are all connected to a supportive work environment instead of warehoused away in a back office," the union statement read.
'Saddened and outraged': Union releases statement on Wells Fargo employee who died at desk
Republic reporter Miguel Torres contributed to this article.
This article originally appeared on Arizona Republic: Cause of death released for Tempe worker found dead in her office
Seems like HR just hit the scene from that last comment from @4yfb+1uyN5Cqt.
I disagree that almost all companies require return to the office. There are 7 major companies within 30 minutes of Citi that are hybrid and 3 that are full time work from home where I am at for my field. Before someone in HR replies back with “well why don’t you go work there”, yes, you’d be exactly right, why don’t I go work there, that’s a very good point for which I should follow up on.
Almost all companies mandating return to office 5 days a week.
https://www.wsj.com/lifestyle/workplace/amazon-return-to-office-five-day-policy-1cf0c496?mod=hp_lead_pos1
Since my team is not in the same location as me, Its just me in the office. I don't really know the people I sit next to and they work on different applications. It almost feels no different than the strangers on a public subway. You see the same faces every day on your commute but you only know them by face. You never talk to them and vice versa as most don't want to be bothered in a public space without reasoning.
Sure, trying to strike up a conversation with a random person was something i tried getting a coffee in the cafeteria, but most don't really care about small talk. They are there for the job and could care less about the random topics I try to bring up. I get it, Citi job is stressful and why talk to me if it has nothing to do with the job.
Just this alone, I don't really understand why Citi wants everyone go into the office when your team is not even in America. Would be nice to have someone else on your team. My team mates in my time zone is in Canada.
Like forced comrade always works.
I completely agree with the OP and most of the comments in this Thread. Employees can write these comments until they're blue in the face on the VOE as well as other complaints and concerns, but we know they will only fall on Citi's Deaf Ears.
RTO is nothing more than trying to stave off the commercial real estate crash. Commercial real estate is worth less than than the loans that carry them. Add to that, interest rates are still high which means the holders of those loans can't refinance them. No one will buy empty buildings and tax advantages can't be had on unused real estate. Many commercial real estate loans are on the verge of default which would cause a massive economic collapse. It has absolutely nothing to do with performance. Most companies - including Citi touted how strong performance was during COVID. The message changes to suit to the needs of the company, not you. Everyone, including those that mandate RTO are fully aware there is stronger performance with WFH. This is about commercial real estate value and political pressure for local tax revenue and nothing more. Again the messages are all just lies. Lies and propaganda to save themselves at the expense of the employee.
an umbrella decision is never really good for everyone. People have different work methods and habits. Being in office may allow some to thrive, while others, it will be a hindrance. Critical thinking work is not good to do in a noisy environment. Its difficult to think while your neighbor yells into his headset during their zoom meetings. Sometimes it gets frustrating when your neighbor has small talk about their life with someone while you are dealing with a production issue and clients and managers pinging you "did you resolve it". I do not get the point in being in office when my desk neighbors are not even on my team. I have no idea who they are and when they are on zoom calls, I have no idea what their application is even about.
I can understand the face to face collaboration if you are in legal, investing, or sales and need to strategize in your customer facing role.
I can’t understand it if you’re NOT in a customer facing role and or your team is spread out across the globe. There’s nothing like a zoom session in a noisy room only to constantly be saying “can you repeat that, I can’t hear you due to the background noise”. I guess my favorite though is when a manager wants to discuss something sensitive and everyone around you gets to hear all the juicy details.
Oh sure, someone will chime in with “reserve a huddle room”. First there’s not enough of them to go around. Second, you can’t always schedule one when its a last minute call. Before someone says manage your time and meetings more effectively. Yeah, like I’m going to tell my manager that when they want to talk right now or when there’s an outage that needs to be addressed immediately.
The point of the post is that RTO is often looked at as a display of being committed to your job and\or being a heavy hitter contributor. It shows you’re hardcore etc…
If this is how management looks at it as a measuring stick of company commitment, then they are more clueless than I thought. This being even more so if you don’t have a customer facing role.
If I can get out of my bed and commute to work, while others decide they're just not going to comply, it should definitely count for something. Also, I am happy to be hybrid. Always a few bad apples to spoil the bunch.
Disagree. Commuting in is rough and time consuming, especially factoring in early morning calls to accommodate a global team. Not the same when there are many who are telecommuters across the firm who can just roll out of bed and stay in the comfort of their own homes while they work.