California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Tag Archives: employee privacy rights

Five areas of employee compensation or off-work conduct that cannot be regulated by an employer under California law; plus: Ben Horowitz, the Shmoney Dance and How to Manage

Posted in Best Practices For California Employers, Employee Handbooks, Wage & Hour Law, Wrongful Termination
I just discovered How to Start a Startup, which is a series of videos published by Stanford University on YouTube with some outstanding speakers. The problem is that the class videos are so great, I have a hard time turning them off. Case in point, this week I watched Ben Horowitz’ lecture: How to Manage. … Continue Reading

Can employers use employee’s posts to social media as basis for employment decisions or would this violate an employee’s right to privacy?

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law, Wrongful Termination
Generally, employees have a privacy expectation in their personnel files, contact information, and work related information. However, this expectation of privacy is not limitless, especially when the employee publically airs his or her work experiences on social media sites for the public to see. Courts have held that employees can waive this right to privacy… Continue Reading

Reminder: Webinar On Social Media Under California Law Tomorrow

Posted in About the California Employment Law Report, Best Practices For California Employers, New Cases, Technology & Law
This will be one of our most attended webinars, and there is still time to sign up. The webinar will cover legal issues facing California employers under the new Labor Code section prohibiting employers from asking applicants and employees for social media passwords, privacy issues when conducting background checks, alternatives to social media policies, and… Continue Reading

Everything Employers Need To Know About Social Media In the Workplace In 2013

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law
I will be conducting a webinar on January 15, 2013 on legal issues of social media in the workplace. The presentation will cover everything a California employer needs to know about social media in the modern workplace of 2013: Discussion on the new law (Labor Code section 960) that prohibits employers from asking applicants and… Continue Reading

Everyone Needs To Calm Down About Social Media And The Law

Posted in Best Practices For California Employers, New Cases, Technology & Law, Wrongful Termination
I would love to be able to tell my clients that the Internet and social media has created a very complex set of legal issues that requires them to hire me in order to help develop all new handbook policies, change the way they conduct background checks on applicants, and monitor their employees. However, unfortunately,… Continue Reading

Employers Requiring Employees To Provide Facebook Passwords

Posted in Best Practices For California Employers, Employee Handbooks, New Cases, Technology & Law
There are more reports of employers requiring applicants and employees to provide their passwords to their Facebook pages so that the employers can get a more accurate view of the employee’s character. I wrote about this issue a couple of years ago regarding the City of Bozeman requiring passwords from applicants. Apart from being a… Continue Reading

Is The Jury Still Out On Social Media Background Checks?

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law, Wrongful Termination
Mat Honan at Gizmodo wrote recently about a new company that helps employers search applicant’s “internet background” to assist in the hiring process. As Mat rightly points out, much of the concern over this “new technology” is overblown, and as he puts it, "[e]mployers would have to be stupid not to Google job candidates."  As… Continue Reading

California Supreme Court holds employees’ privacy rights not invaded by video surveillance

Posted in Best Practices For California Employers, Employee Handbooks, New Cases
Plaintiffs Hernandez and Lopez were employed by Hillsides Children Center, Inc., which provided services to children with special needs and who were abused. Hillsides discovered that someone was accessing pornographic websites on a computer located in the Plaintiffs’ office late in the evening.  The employer, citing its mission to protect abused children and to protect… Continue Reading

Job Applicants Asked To Provide Their Passwords To Social Networking Sites

Posted in Best Practices For California Employers, Technology & Law
The City of Bozeman, Montana asked job applicants to provide their user names and login information to common social networking sites on their job applications. As you may expect, this has caused a major uproar from privacy groups. Just over one-year ago, I was asked by employers about what legalities were involved in Googling a… Continue Reading

Employee’s Personal Data On Company Computers And Devices

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law, Wrongful Termination
The Wall Street Journal recently wrote about how employees are surprised after being given notice that they have been laid-off that they cannot retrieve personal (and business related) information from their computers. The author notes that with advances in technology that often times blur the boundaries between work and personal pursuits, many employees are hit… Continue Reading

Google Latitude In The Workplace

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law
Google Latitude, a new Google application allows users to track the physical location of other people through a mobile phone or computer. While the GPS tracking technology is nothing new, the amazing aspect of this is how inexpensive tracking technology has become. Many employers have already implemented GPS tracking, but now with Google’s basically free… Continue Reading
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