Wednesday, January 03, 2007

Employee Monitoring - California Supreme Court to Review Hernandez v. Hillsides

Happy New Year!

Back in September I posted about the California Court of Appeal's decision in Hernandez v. Hillsides. In that case, two employees were permitted to proceed with an invasion of privacy claim based on video monitoring of their office. There wasn't much monitoring and it was not directed at the employees who sued, so there was a collective shudder among employers who monitor their workers.

Fast forward to today: The California Supreme Court granted review of the case. So, nevermind about Hernandez for the next couple of years. Our advice remains the same anyway: destroy employees' expectation of privacy by giving notice of monitoring and posting signs as appropriate.