As an employer, no matter how much you want to monitor your employees, you need to understand their rights according to California Laws to avoid litigation. While these rights are long and complex, they have been summarized below.

Video Monitoring

You are allowed to install surveillance cameras in several locations in your office premises but you must notify your employees of where the cameras are. It is believed that you should install them only in areas where work is being performed and not in areas like the restrooms or the dining room. And if you need the footage of any of your employees for anything, you must seek his or her express consent before going ahead with whatever you want to do.

It is advisable to get a written and signed consent as a disgruntled employee may deny giving you his consent later and even sue you for the violation of his privacy rights.

Usernames and Passwords

You don’t have the right to ask your employee for his username or password to access his workstation. Even if your IT team needs to work on an employee’s workstation, they can access it through the administrator’s password. When your employee is logging on, you need to step away from him, otherwise you may be accused of looking over his shoulder to get his login details.

Phone Calls

When any official phone call is being monitored, you must alert both parties that the call is being monitored. It is also important to remember that monitoring and recording are two different things. A lot of employers believe that notifying employees that their calls are monitored suffices for notification for call recording. This is wrong. Monitoring may mean that someone else is listening. If the calls will be recorded, you must also state that too.

GPS Tracking

This is a pretty new one and its limit is yet to be fully defined. However, employers only have the right to track company’s properties like cars and laptops. This is accepted for the safety of the properties. You should never track any employee that is not in possession of any company’s property. It means you are already encroaching on the employee’s privacy rights.

Drug Testing

You may subject your employees to drug test before hiring them and you can also subject them to post-employment drug test when any issue that warrants it occurs. Aside the two scenarios, you should never subject your employees to drug test. In addition, if drug test is part of your screening process, you must notify applicants beforehand.

Workstation Monitoring

Although there are several applications that can be used to monitor your employees’ activities on their workstation, you must let them know. Never assume that they will never know. They may find out. A glitch may occur and expose you. Don’t risk litigation.

Conclusively, this article has outlined and simplified the most important clauses in California laws on workplace privacy and employee monitoring. Adhering to them is not an option but a necessity.

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An employee has fewer privacy rights in the workplace than they do in their personal life. For this reason, the employees should be cognizant of what information they display when it comes to the use of computers at work. Nowadays, bringing the computer into play has turned out to be a way of doing business each day. Consequently, various questions have emerged as to the legal rights of the workforce to using their work computers for personal reasons.

Notably, technology has permitted organizations to keep an eye on various aspects of their worker’s activities in the workplace. Nevertheless, although the staff may perceive that such monitoring is a breach of their personal life, this form of surveillance is permitted under the law. Arguably, the employees are motivated to do so over litigation and the enhanced role that electronic evidence plays in investigations by government agencies and lawsuits. Accordingly, an employee can be subject to punishment, or dismissed if they violate the policies of an organization concerning personal computer usage.

The use of Internet at Work

Recognizably, employers can trail the internet usage of the workers, in regards to the website visited, the time they spend online, and their engagement in other activities online such as using the social media. In similar fashion, an organization may prohibit the staff from using the workplace computers for their individual activities or deny them access to certain websites and the internet altogether. To that end, there is no noticeable right to privacy allegations against a company for restricting or monitoring the employees’ internet usage.

It can be reasoned that the law grants the employers the prudence to dictate the policies for the personal usage of workplace computers so as to ensure their security. Notably, if the staff are downloading programs and information on the internet, the workplace computers may become vulnerable to various technological problems and virus. The security may also be regarding the workers violating the confidentiality rules of their enterprise. Another reason is that an organization owns the data transmitted to and from the computers since they own the computers.

Email and Privacy 

If an organization uses an email system, then it is the property of the employer, and they are allowed to review its contents. For this reason, the email messages do not have a theme to any law regarding personal privacy. Therefore, a company is free to read and monitor the messages of their staff, with no restriction. The rationale behind this is that the employers are ensuring that the employees are not disclosing confidential information, and they are productive. Additionally, they also do so to decrease the possibility of any wrongdoing or misconduct by the employees. Hence, a company is well within its rights to monitor the emails of the staff.

Written Work Policies 

In like manner, nowadays, organizations employ written policies concerning personal computer usage. They do so to place the workers on notice of their stance on the use of the workplace computers for individual functions. Importantly, the policies are meant to support the corporations when they choose to punish or even dismiss a staff member as a consequence of using the workplace computers inappropriately.

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Privacy is a highly volatile area of law. In order to determine whether or not your employer in the private sector has violated your right to privacy, here are a few factors to consider:

What type of employment is involved?

For example, an employer is permitted to search your clothing or possessions to determine whether there has been theft of company property, so in the retail environment, it is customary to check an employee’s belongings to prevent theft of merchandise. It is less customary to do so in an office setting where an employee’s access to easily concealed and/or expensive items is limited.

Is there a legitimate business reason for the search?

For example, an employer has an interest in recovering an item that it believes to be stolen, or preventing workplace violence by ensuring that employees are not bringing weapons into the workplace. However, courts are more likely to find that an employer who engages in random searches without any reasonable suspicion that an employee has violated the law or any workplace policies is violating its employees’ privacy.

What is being searched?

For example, when employers have searched employees’ locked file cabinets, desks, or personal papers, courts have found these items may be searched so long as there was authority to search. However, in a case where the employees were expected to pay for locks to guard their lockers, the court found that the employer had violated the employee’s right to privacy by searching a locked locker. In that instance, the employee had a reasonable expectation of privacy.

What is the employer searching?

For example, if the missing item was a computer, the employer might be justified in searching employee lockers and cars, but not employees’ purses, pockets, or clothing, since the item sought is too large to be concealed on the employee’s body or in the employee’s personal effects.

There are no legal guarantees in this area of law, and it is advised to talk to a lawyer to determine whether or not your employer has violated your right to privacy. If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/workplace-searches#1

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The first necessary element of understanding the phenomena of California’s laws related to medical privacy in the workplace is to define its basic element – medical records. These records that are related to a person’s medical history are made when the same person receives some kind of treatment from a health professional. These can include anyone from a physician or nurse, to a chiropractor or a psychiatrist. The same documents can cover, aside from the actual medical history, things like lifestyle choices like smoking or participating in high-risk activities like extreme sports, but also family medical history.

It is not rare that these include lab results, prescribed medications and results of a medical procedure that the same person has received. Any and all of these represent implications related to privacy for any employee if there is a chance the employer is accessing this information for some reason. If the same does occur, the law in the US state of California is triggered and here the key points of how this takes place.

Can Medical Records be Kept Private in the Workplace?

The law in California allows the employer to access medical information about their employee but it has to be related to a legitimate business reason. The information can be volunteered like in the case of sick leave or it can be requested for things like forms used for workers compensation claims. In any case, the information can be attained by the employer, but it both has to be related to the business and it has to be kept private inside of the same organization. This means that only those relevant to the case of the same individual can access this information.

Demanding Medical Test for Hiring a Person

Thanks to the Americans with Disabilities Act, employers cannot ask for medical tests as a basis of getting a job. This means that tests cannot be asked for as a requirement for employment. The main reason why this clause exists in the problem of medical privacy in the workplace is the protection of employees from any kind of employee screening for disabilities or other similar issues. Additionally, the same act forbids anyone from demanding their employees to take a medical test as a way of avoiding them losing their job.

HIPAA and its Role in Medical Privacy

The federal Health Insurance Portability and Accountability Act, also known as HIPAA, represents a standard that is valid nationwide and which regulates the problem of privacy of health information. In other words, it shows the employers how medical records are both disclosed and used. It states that employers have to give notice when dealing with written privacy procedures, restrict the use of this information inside of their organization and finally, it asks for the appointment of a dedicated privacy officer and the training of their staff on this issue.

With this information, anyone will be a lot more suited to understand any relevant issue related to medical privacy in the workplace. At the same time, this knowledge will allow them to better prepare themselves and protect their personal information in the same environment.

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Although employers have the right to monitor their employees’ use of various social media sites during on-duty hours, they don’t have the ability to limit what individuals working for them can post online. However, much as freedom of speech is protected by our constitution, the opinion an employee posts online can significantly affect their status at the work place – and that is where the question of employee social media rights comes in.

Freedom of Speech

The constitution is very clear that every person enjoys the freedom of expression. However, that law only applies to an individual’s interaction with government institutions. When it comes to private companies, one can be fired for expressing an opinion that violates their employers civil rights.

However, there are exceptions to this law. When employees come together to vent out their opinions about a particular issue, then they are protected by the doctrine of “protected concerted activity”.

What Protected Concerted Activity Entails

The protected concerted activity law gives employees the right to discuss, criticize or even disagree with their employer’s policies (including on social media). The word “discuss” is however key. If an individual starts complaining on media about their workplace and how they dislike certain policies solely for the purpose of letting out frustrations without any effort to get other employees to share in that discussion, then that’s not protected under “protected concerted activity”.

A discussion has to take place. That is, other employees must also voice their concerns and engage in an exchange in order for that to qualify as protected concerted activity. However, if one authors a status update or tweet and no other employee joins in, it is treated as a personal issue and therefore one may not enjoy any special protection.

Concerted Activities

An activity is concerted if only it involves several employees’ concerns. In that case, an employee who complains after consulting with other workers, and one who shares out on issues that affect their co-workers may enjoy this protection. On the other hand, an employee who takes to social media to complain on an issue that does not affect other workers (e.g. issues of performance evaluation) is not protected. As the National Labor Relations Board (NLRB) puts it, “personal gripes” are not protected.

Likewise, even if employees act in a concerted way but they behave in a malicious or reckless manner, they will not be protected. Examples of incidences where concerted behavior may be disqualified include when the employees disclose company trade secrets or resort to violent behavior.

Getting Legal Assistance

The question of employee social media rights is quite extensive and complicated. So if you are an employee who believes you have been wrongfully fired or an employer who is considering getting assistance on such a matter, it is important to consult an attorney. In addition, you may wish to refer to the NLRB guidelines on this issue.

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1. What is a criminal record?

First of all, a criminal record is documentation of a person’s criminal history compiled on local, state, and federal levels by law enforcement agencies. The record usually lists non-expunged offenses including traffic violations.

2. When are criminal records used?

Criminal records are typically used by potential employers, lenders, and other parties to determine the extent of an individual’s criminal activity. In order to obtain your criminal record, the safest and most accurate way is to request the criminal record from the jurisdiction in which you were convicted. The process for doing so varies by jurisdiction, so you must check with the police department or court in that jurisdiction for information on the process.

3. Can employers use criminal records upon making hiring decisions?

Yes, employers have access to your criminal records and can use the records upon making hiring decisions. When making this type of hiring decision, the employer must show that there was “business necessity” for making the hiring decision. There must be some showing that the employer’s policy is reasonably related to the job requirements.

4. What process must an employer use to gain access to an employee’s criminal records?

However, an employer must first follow a certain procedure in order to gain access to an employee’s criminal records. The Fair Credit Reporting Act is the federal law that requires employers to provide notice when accessing your credit report or criminal record. In order to access a candidate’s criminal record, the employer must ensure the report is used for a permissible purpose, and have authorization to use the report. Before using a criminal record in a hiring decision, the employer must provide the candidate with a copy of the report and a summary of his rights.

5. Why do employers use criminal records during the hiring process?

Many employers conduct pre-employment background checks to protect themselves against lawsuits for negligent hiring. Negligent hiring occurs when an employer knew or should have known that an employee was dangerous or unfit for a particular position. If an employee harms another person while working, the employer may be the one to blame.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/criminal-records-workplace#1

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Yes, your employer can legally require you to take a drug test. Federal, state and private employees are all subject to drug testing. Many federal employees, such as those who handle classified information, those who work in national security, law enforcement officers, employees with duties to protect property, life, health and safety, and even the President are subject to drug testing. The Supreme Court has ruled that while drug testing does infringe on an employee’s privacy, it may be necessary in order to protect the health and safety of others.

Most state laws are similar to federal laws and generally maintain the legality of drug testing for state employees. Certain states, like as California, have said that while it is legal to give drug tests to any incoming employees, there must be cause to test current employees. Additionally, California requires that drug testing is justified in only very limited and strictly defined circumstances.

Many private employers require that their employees undergo drug testing. State and local laws vary in the way that they protect private employees’ privacy. In many states and localities private employers may test employees for health and safety reasons, to increase productivity in the workplace, or to prevent illegal activities in the work place that derive from drug-related activity.

Employers may also require a drug test upon an employee applying for a job.  In most cases, an employee seeking first-time employment can be tested as a condition of employment, even if there is no cause or reason to believe that the prospective employee has been taking drugs. The employer, however, must test all incoming employees for drugs and may not single you out for special treatment.

Some states have imposed limitations on pre-employment drug testing. For example, California allows a drug test only after the applicant has received an offer of employment conditioned on passing the test. In other states, employers that drug test are required to provide written notice or indicate in their job postings that testing is required.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/drug-testing-workplace#1

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