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  Hernandez v. Hillsides Inc., No. S147552 (Aug. 3, 2009)
Ballard Rosenberg Golper & Savitt - September 21, 2009 The California Supreme Court has sent a mixed message to employers who wish to conduct secret video surveillance in the workplace using hidden cameras. The Supreme Court approved the use of hidden cameras in certain circumstances. Here is what happened.  Employer's Limited Hidden Camera Use Didn't Violate Workers' Privacy, California Supreme Court Rules.Jackson Lewis LLP - August 11, 2009 An employer who, for legitimate reasons, installed a hidden surveillance camera in an office and took effective steps to avoid videotaping employees during normal working hours did not violate employees’ right to privacy, California’s high court has determined. Hernandez v. Hillsides Inc., No. S147552 (Aug. 3, 2009). The Court also recognized that employees have some reasonable expectation of privacy in an office accessible by others. Reinstating summary judgment for the defendants, the Court ruled the plaintiffs “have not established, and cannot reasonably expect to establish” that the defendants, under the particular circumstances in this case, violated the plaintiffs’ right to privacy. California Supreme Court Provides Useful Guidance for Employers Engaging in Video Surveillance and Other Workplace Searches.Littler Mendelson, P.C. - August 11, 2009 In a recent opinion, Hernandez v. Hillsides, Inc., the California Supreme Court held that an employer acted lawfully when it surreptitiously installed a video camera in a shared office even though both employees had a reasonable expectation of privacy there. While binding only in California, the court's decision is instructive for employers throughout the United States because the court's analysis is based upon legal principles applicable to invasion-of-privacy claims in virtually every jurisdiction.
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