Social media sites have become the new “public square” where individuals share opinions and information about all types of political and societal events. Public sector employees, as much as anyone else, use social media to post viewpoints and to participate in public debate. Problems arise, however, when a public employee posts harsh, derogatory, defamatory, or
Is Timing Really Everything? Wyatt v. Kern High School Sheds New Light on a Public Agency’s Obligations under Senate Bill 1421 and Senate Bill 16
Senate Bill 1421 (“SB 1421”) went into effect on January 1, 2019. As a result, under Government Code section 832.7 as amended, certain types of peace officer personnel records became subject to disclosure pursuant to a California Public Records Act (“CPRA”) request. Shortly after the effective date of SB 1421, Kern High School District received
Supporting a Mentally Healthy Workplace
It is no secret that the COVID-19 pandemic has had some type of impact on many people’s mental health. On October 10, 2021, the World Health Organization (WHO) recognized World Mental Health Day, and this year’s theme is “Mental health care for all: let’s make it a reality.” The past 18 months have brought forth
Zooming Into Privacy Issues
Believe it or not, it’s been approximately 6 months since Governor Newsom announced California’s stay-at-home order. Since then, many government agencies, courts, and schools have switched to using videoconferencing platforms such as Zoom or Google Meet to help their offices stay connected during the pandemic. While these virtual meeting platforms have played a vital role
Is This Being Recorded? Navigating FERPA in the Virtual Classroom
When the COVID-19 outbreak reached California, schools throughout the state converted traditional classes to a distance education model for millions of students seemingly overnight. Distance education programs rely on a combination of websites, programs/applications, and other technologies to deliver content, facilitate communication, administer exams, and more. Video conferencing applications (e.g., Zoom) with screen sharing features
Three is Company: Police Departments Usage of Drones and Robots and What it Means for Employer-Employee Relations
This post was authored by Alysha Stein-Manes and Daniel Seitz
Remote surveillance is an area of expanding interest for law enforcement agencies. Police departments continue to equip their sworn officers with body-mounted video cameras (“body cams”), and, in California, the Legislature has begun to regulate discoverability of body cam footage. Agencies in California and across
U.S. Appeals Court Tells Public Employers to Stay Out of Employee’s Bedrooms
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 the officer’s right to privacy under the U.S. Constitution.
Background Facts
Perez, a probationary police
Do Your Employees Know Big Brother May Be Watching?
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 accounts of 16 Resident Deans without telling them. Although the University eventually told the one
New California Laws Limit Access to Employee, Student Usernames and Passwords
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 social media usernames and passwords. It also prohibits requiring or requesting employees and students to
New Maryland Law Prohibits Employers from Asking for Social Media Passwords
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 took on the case of Robert Collins who claimed he was forced to turn over