Los Angeles Privacy Rights Lawyer

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Los Angeles Privacy Rights Attorney

Protecting Your Right to Privacy in the Workplace

The California Constitution protects employee privacy rights and prohibits intrusion into private matters. The use of employee monitoring is a balancing act that weighs the business interests against the threat to employee privacy rights.

An employer has a right to monitor employee activities as related to security threats in the workplace. However, they do not have an absolute right to invade the privacy of their workers. If you have had your privacy rights violated, the attorneys at Hennig Kramer Ruiz & Singh, LLP are ready to help. We represent clients against employers who improperly invade employee privacy.

To protect your rights to privacy, reach out to our Los Angeles employment attorneys right away. Contact our firm online or call (213) 310-8301! We offer free initial consultations that can be conducted in-person or over the phone. Se habla español.

Acceptable Forms Of Employee Monitoring

State and federal law allows employers to monitor workers with technology. However, each form of monitoring must follow strict usage guidelines:

  • Video monitoring: In California, employers can only use video monitoring in the workplace in places where workers perform duties. The law prohibits recording in restrooms, locker rooms, or other rooms designated for changing clothes or nursing. The employer must also disclose the extent and duration of video recording.
  • Call recording: An employer may record phone calls for quality control purposes if the recording is disclosed at the beginning of a call with a beep or recorded statement. Workers warned of call recording and told not to make personal calls from work phones assume the risk of call monitoring.
  • Emails: Employers have the right to search and audit employee emails if there is a valid business reason for monitoring.
  • Internet use: An employer can review an employee’s browsing history and block or limit the amount of time spent on websites.
  • GPS tracking: Employers can use GPS tracking to monitor company equipment and track drivers.
  • Social media: California prevents employers from accessing an employee’s social media accounts and limits the amount of snooping allowed. However, an employer can terminate an employee who posts harmful messages about the organization or demonstrates actions contrary to policy.
  • Drug testing: The law allows the use of drug testing as an employment prerequisite or when an employee’s behavior indicates a reasonable suspicion of drug use. The employer needs to have drug testing and notification policies in place.

Protecting The Privacy Rights Of Workers

Employers who violate the privacy rights of their workers can be held liable. However, employees have a role in privacy protection as well. Workers need to take steps to avoid privacy violations and follow company policies.

If you feel your employer violated your privacy rights, please complete the brief Do I Have a Case? questionnaire. One of our privacy rights lawyers would be glad to discuss your situation in more detail during a free consultation.


Call our law firm at (213) 310-8301 or contact us online to schedule your free consultation today!


View Transcript

0:04

when an employee walks into the
0:05

workplace they do give up a certain
0:08

degree of um their ability to be
0:12

observed in the day-to-day in that vein
0:14

if an employee is using an employer
0:17

based um employer issued laptop or cell
0:21

phone or walking around employee common
0:23

areas those may be subject to um
0:27

employer monitoring especially during
0:29

work hours however an employer may not
0:32

overstep certain boundaries for example
0:35

an employer may not um listen in on
0:37

private conversations by an employee um
0:40

whether that’s by telephone or by text
0:43

message an employer Also may not record
0:46

any private conversation that an
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employee may be having in the workplace
0:50

um irrespective of whether that
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conversation is happening during a break
0:54

or not an employer Also may not intrude
0:58

upon an employees
1:00

um reasonable expectation of privacy um
1:03

in certain spaces such as locker rooms
1:06

such as bathrooms even personal storage
1:09

areas um an employee has a reasonable
1:11

expectation of privacy there and
1:14

employer may not monitor that an
1:16

employer Also may not seek documentation
1:19

that is private to an employee um
1:22

without an employes consent and without
1:25

the employer demonstrating a job related
1:28

basis for seeking this material atal
1:30

this can include medical records or
1:32

subjecting an employee to drug tests um
1:35

an employer may not overstep those
1:38

boundaries um without a consent by the
1:40

employee in those spaces and without
1:42

demonstrating that the request for this
1:45

material is job related

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