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State Employment Law Articles
Report Link STATE SUPREME COURT LOOKS AT HIDDEN CAMERAS IN THE WORKPLACE.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. Report Link Cal Supreme Court Approves Workplace Video Monitoring.Barker Olmsted & Barnier - September 04, 2009 Employers with good intentions of keeping the workplace safe and secure have the means at their disposal to keep tabs on employees. Gadgets once relegated to 007 films are available to monitor a worker's every move. However, as one employer recently learned in the case Hernandez v. Hillsides, Inc., such efforts may collide with an employee's right to privacy. Report Link SOMEONE TO WATCH OVER EMPLOYEES.Shaw Valenza LLP - August 17, 2009 Employers have salutary reasons to monitor employees’ work areas and employee conduct. For example, employers must attempt to prevent misconduct such as harassment before it occurs. Employers also are legally responsible to provide a safe work place. Laws and regulations have increased potential liability for workplace conduct. In the past, the work area typically was visible and tangible. Now, employees frequently interact in cyberspace, or over computer systems, rather than on an easily watched “shop floor.” Report Link 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. Report Link 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. Report Link OVEREXPOSED EMPLOYEES.Shaw Valenza LLP - April 21, 2009 First, there were blogs. Then came Web 2.0 or "social networking." Once reserved for teenagers and geeks, websites like Facebook, Myspace, LinkedIn, Twitter, Yelp, and others have gained mainstream popularity. Among other things, these websites permit users to create personal areas where they keep online diaries; share intimate or mundane details about their lives; post pictures and to public bulletin boards; and "link" to online groups and friends. Businesses, celebrities, and ordinary citizens alike openly invite the public to "friend" or "follow" them and interact online. Report Link Employment Policies Update: Employers Urged To Update Cell Phone Policies.Barker Olmsted & Barnier - July 11, 2008 If you are a regular reader of this Legal Update, by now you are tired of hearing about the new cell phone law. Here it is once again: Effective July 1, 2008, Senate Bill 1613 provides that it is illegal to drive a motor vehicle while using a wireless telephone, unless a hands-free device for the cell phone is used. Report Link California Expands Data Breach Notification Requirements to Include Medical and Health Insurance Information.Jackson Lewis LLP - October 31, 2007 Certain medical information and health insurance information will be included in the type of personal information triggering notifications of unauthorized access in California, effective January 1, 2008. In 2003, California was the first state to enact breach notification legislation. Since then, most other states have followed. These statutes help protect individuals from the effects of the misuse of their personal information by requiring state agencies and businesses aware of unauthorized access to such information to notify the affected individuals as soon as possible. Report Link Proposed Legislation Would Require California Employers to Verify Employee's Social Security Numbers And Penalize Those Who Don't.Littler Mendelson, P.C. - March 20, 2007 On February 21, 2007, Assemblyman Chuck DeVore (Republican, 70th District) introduced the Employment Verification Act of 2007. Report Link California Court Ruling Restricts Out of State Recording of Confidential Conversations.Jackson Lewis LLP - August 03, 2006 The California Supreme Court has ruled that out of state businesses that record confidential communications with California residents without first obtaining consent violate state privacy law. Businesses that record conversations with employees in California must first notify the employee that the conversation is being recorded or risk the full range of civil penalties for injuries caused by the unauthorized recording. Report Link California Privacy Laws May Not Protect Surreptitiously Taped Telephone Calls.Jackson Lewis LLP - May 04, 2006 The Supreme Court of New York held in a recent slip opinion that residents of New York are not protected by California privacy laws when their confidential telephone calls to or from California are tape recorded. This case potentially has far-reaching consequences given that privacy laws in the majority of states, and under federal rules, are similar to the New York governing statutes. If this decision takes on steam, we may see more such rulings in states throughout this country. Report Link Employers at Risk for Telephone Monitoring Without Notice (pdf).Vedder Price - April 29, 2005 A California appeals court has held that an employee
fired after his supervisor had secretly monitored a
telephone conversation may sue his employer for invasion
of privacy, wrongful termination and intentional infliction
of emotional distress. Report Link California's New Megan's Law Website: Employers Are Cautioned Not to Make Precipitous Employment Decisions.Littler Mendelson, P.C. - January 24, 2005 On December 15, 2004, California 's new Megan's Law website was unveiled, allowing anyone with the click of a mouse to easily obtain access to California 's database of the state's more than 63,000 registered sex offenders. Report Link Employer's Policies Can Affect Expectation of Privacy.Ballard Rosenberg Golper & Savitt - May 23, 2002 Two recent California appellate decisions demonstrate how an employer may affect employees’ privacy expectations with respect to work-related activities. Report Link Consent to Monitoring Waives Privacy in Home Computer Owned by Employer.Ballard Rosenberg Golper & Savitt - March 18, 2002 TBG Insurance Services Corporation v. The Superior Court of Los Angeles County, 2002 Daily Journal D.A.R. 2091 (Cal.App.2d Dist., Div. 1, 2002), in which the court that the employee waived his privacy expectation by acknowledging his employer's written policy permitting the employer to monitor the use.
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Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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