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) 292-5444! 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.