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Monitoring employees in the workplace implicates Constitutional law, common law, federal and state statutes, and more. Employers carefully implement policies to avoid invasion of privacy claims, or worse, violations of criminal law.

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legal updates

September 3, 2008

Workplace Monitoring Seminar



Thanks you for participating in the seminar. Please review the materials listed below. If you have any questions, please email me at cwo@barkerolmsted.com or call me at (619) 682-4040.


Also, be sure to sign up for our free monthly email newsletter. The registration box is at the bottom of the page.


Legal Overview and Sample Policies This document provides a brief overview of legal and practical issues. It also includes a generic sample policy (but be sure to seek legal advice before implementing any new policies!) Click here.

Employee Privacy Update: Review Of Employee Text Messages Deemed Invasion Of Privacy. Employees may have a reasonable expectation of privacy in the workplace. Although company privacy policies may put employees on alert that communications are subject to monitoring, operational realities may negate those policies. Click here for the article: Text Message Privacy.

Video Surveillance Camera Invades Employees’ Privacy
Although video surveillance of employees is permissible in certain circumstances, invasion of privacy claims can arise from improper use. Hernandez v. Hillsides, Inc. Click here for the article: Video Surveillance Cameras

O'Connor v. Ortega, U.S. Supreme Court Case (1987)
Click here for case summary.

Employer Found Not Liable For Employee's Misuse of Company Internet Service.
What legal exposure does a company have for employee abuse of internet services? Click the link below for a review of Delfino v. Agilent.

Delfino_v._Agilent.pdf

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