This blog was authored by Megan Lewis.
Earlier this month, in Perez v. City of Roseville, the U.S. Court of Appeals held that terminating a police officer for engaging in an off-duty, extramarital affair with a co-worker could violate …
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California Supreme Court Lets Stand New Case on Officers’ Rights to Discovery Prior to Second Interrogation
Posted in Appeals, Privacy, Public Safety Issues
On October 18, 2017, the California Supreme Court denied review of Santa Ana Police Officers Association, et al. v. City of Santa Ana et al., a decision from the Fourth District Court of Appeal involving information (sometimes referred to as …
Writings Concerning Public Business Are Public Records – Even If They Are Sent, Received, Or Stored On An Employee’s Personal Email, Phone, Or Computer
Posted in Privacy
This post was authored by Alison R. Kalinski
The California Supreme Court today reversed the Court of Appeal in City of San Jose v. Superior Court (Smith), and held that communications by a city employee concerning public business on …
Does SB 178 Restrict a Public Employer’s Ability to Search an Employee’s Electronic Devices and Emails?
Posted in Privacy
This post was authored by Gage C. Dungy and James Van
Overview
On January 1, 2016, Senate Bill 178 (“SB 178”) – the California Electronic Communications Privacy Act – became law and is codified under Penal Code section 1546, et. …
Texts and E-mails on Personal Devices – Are They “Public Records”?
Posted in Privacy, Public Sector
Public officials may sometimes use personal devices such as smartphones and personal e-mail or other accounts to communicate concerning their agency’s business. Are these e-mails, texts, or other communications “public records” that must be disclosed in response to a demand …
Public Records Act Update: What Happens on a Personal Device (May) Stay on a Personal Device
Posted in Privacy, Public Sector
This blog post was authored by Heather Coffman
The California Court of Appeal recently issued a decision that may give some relief to public agencies responding to requests under the California Public Records Act (“PRA”). The Court found that the …
Do Your Employees Know Big Brother May Be Watching?
Posted in Privacy, Workplace Policies
Harvard University recently had some explaining to do. Last fall, the University conducted an investigation into the source information leaked to the media about students at the Ivy League school who had cheated. The investigation included searching the work e-mail …
New California Laws Limit Access to Employee, Student Usernames and Passwords
Posted in Hiring, Legislation, Personnel Issues, Privacy, Social Media
Governor Jerry Brown last week signed two new privacy laws that will go into effect January 1, 2013. AB 1844 and SB 1349 prohibit employers, colleges and universities from requiring or asking prospective and current employees and students to disclose …
New Maryland Law Prohibits Employers from Asking for Social Media Passwords
Posted in Hiring, Legislation, Personnel Issues, Privacy, Social Media
Maryland recently became the first in the nation to ban employers from asking job applicants and employees for their Facebook and other social media passwords. The law was signed into legislation by Maryland’s Governor approximately one year after the ACLU …
What Does The Supreme Court’s Ruling In US v. Jones Mean For GPS Tracking By Employers?
Posted in Constitutional Rights, Privacy, Workplace Policies
Last summer we reported that an employer may under California law use GPS devices to track employer owned or leased vehicles. We recently revisited this issue in light of the U.S. Supreme Court’s unanimous ruling in United States v. Jones…
Ninth Circuit Agrees To Rehear Computer Data Fraud Case
Posted in PrivacyThis blog post was authored by Alison Carrinski
In May we reported on the case U.S. v. Nosal, in which the U.S. Ninth Circuit Court of Appeals examined whether an employee violates the federal Computer Fraud and Abuse …
New Limits On Employer Use Of Consumer Credit Reports
Posted in Hiring, PrivacyThis guest post was authored by Julie L. Strom
Effective January 1, 2012, AB 22 places new limitations on when an employer is allowed to use a consumer credit report as a basis for employment decisions, and imposes disclosure …
Lawmakers Deal Another Blow To Missouri’s “Facebook Law”
Posted in Education, Legislation, Privacy, Social Media
In August we reported on a new Missouri law that regulated communications between teachers and students on social media websites. We also reported on the Missouri State Teachers Association’s (“MSTA”) successful efforts to block this so-called “Facebook Law” by obtaining …
New State Laws Establish Gender Identity, Gender Expression, And Genetic Information As Protected Classifications
Posted in Discrimination, Legislation, PrivacyThis guest post was authored by Connie C. Almond
The Governor recently signed into law AB 887 and SB 559, which prohibit harassment and/or discrimination based on gender identity and expression, and genetic information, respectively.
Individuals who are …
NLRB Provides Guidance On Regulating Employee Use Of Social Media
Posted in Privacy, Social Media, Workplace PoliciesThis post was co-authored by Elizabeth Arce
It seems that every time you turn on the news some new technological innovation is being announced. For example, recent weeks have seen the unveiling of new tablet computers and smartphones. In …
Missouri Court Blocks “Facebook Law”
Posted in Privacy, Social MediaLast week we reported on a new Missouri law that regulates communications between teachers and students on social media websites. This so-called “Facebook Law” was scheduled to go into effect this week. However, at the request of the …
Missouri’s “Facebook Law” Restricts Communications Between Teachers And Students On Social Media Websites
Posted in Education, Privacy, Social Media
As the summer draws to an end, parents and students are beginning to prepare for the start of the school year. For many parents, sending their children off to school can be both a joyous and fearful occasion. The worry …
Court Rules Metrolink May Monitor Locomotive Engineers Via Audio/Video Surveillance
Posted in Constitutional Rights, Litigation, PrivacyThis guest post was authored by James E. Oldendorph Jr.
In October 2009, Metrolink installed two inward-facing cameras in all of its locomotive cabs. While one of the inward-facing cameras records the control panel and gauges, the other is located …
Tracking Employees Driving Employer Vehicles Via GPS
Posted in Employment, PrivacyFrom time to time we are asked by clients whether they can place Global Positioning System (GPS) units on company or agency owned cars in order to keep track of employees whom they believe are misusing the vehicles to engage …
Two Bar Associations Give Employers Another Reason To Adopt Social Media Guidelines
Posted in Litigation, Privacy, Social MediaSocial networking websites have become a treasure trove for lawyers looking for damaging information that could be used to impeach an opposing party or any adverse witnesses in a lawsuit. As a result, the New York Bar Association’s Committee on …
Overtime Pay For Off-Duty Cell Phone Calls And Text Messages? Maybe!
Posted in FLSA, Litigation, Privacy, Wage and Hour
The cell phone, in particular the so-called “smartphones” (e.g. iPhones, Blackberrys, Android phones) are amazing. These devices allow us to be in contact no matter where we are on a 24/7 basis. Some employers issue these devices to their employees …
The Litigation Landscape In An E-Discovery World
Posted in E-Discovery, Litigation, Privacy, Workplace Policies
The “e-discovery” amendments to the Federal Rules of Civil Procedure were implemented in December 2006. In 2009, California enacted similar “e-discovery” rules. The adoption of these rules has greatly impacted the landscape for entities that find themselves in litigation in …
Computer Use Policies More Important Than Ever: Employee Liability Under The Computer Fraud And Abuse Act
Posted in Privacy, Workplace PoliciesThis guest post was authored by Alison Carrinski
The U.S. Ninth Circuit Court of Appeals recently held in U.S. v. Nosal that an employer may sue for damages under the federal Computer Fraud and Abuse Act (CFAA) when an employee’s …
Smokers Need Not Apply: Good Idea Or Illegal?
Posted in Disability, Discrimination, Privacy, Workplace Policies
Hospitals and other medical-related employers are at the forefront of a growing trend of employers who have adopted policies prohibiting the hiring of smokers. This practice goes far beyond merely banning employees from smoking in the workplace. Rather, these employers …