We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express Policy
Militello v. VFARM 1509, 89 Cal. App. 5th 602 (2023)
Shauneen Militello brought a 22-count complaint against fellow co-owners of a cannabis manufacturing and distribution company, including Ann Lawrence. Lawrence moved to disqualify Militello’s counsel, arguing that Militello had improperly provided to her counsel private emails between Lawrence and her husband that were sent on the company’s email network, which Militello’s attorney attempted to use
AI is Here and So Are the New AI Rules for Employers
California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331 would control the use of machine-based systems in making “consequential” employment decisions such as compensation, promotions, hiring, termination, and automated task allocations.
If passed and signed into law, AB
Actors’ Ages to Remain Available Online (At Least for Now)
A federal court has granted IMDb’s request for a preliminary injunction to allow the entertainment website to keep actors’ ages in their online profiles – despite the enactment of a statute in California prohibiting same.
The lawsuit, IMDb.com, Inc. v. Becerra (Case No. 16-cv-06535-VC) was filed in response to the passage of A.B. 1687, which required IMDb.comPro and other commercial online entertainment employment service
CA Governor Signs Bill Allowing Actors to Delete Their Age from Online Profiles
On September 24, 2016, California Gov. Jerry Brown signed A.B. 1687 – a measure aimed at preventing age discrimination against film, television, and other professionals in the entertainment industry whose ages could be viewed by casting directors and other potential employers. As a result of this bill, industry professionals whose profiles are listed on commercial online entertainment employment service providers (IMDb.comPro and similar
Former Employee Who Accessed Employer’s Computers Was Properly Imprisoned
United States v. Nosal, 2016 WL 3608752 (9th Cir. 2016)
In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a criminal indictment against David Nosal (a former employee of Korn/Ferry International) as a result of his obtaining information from Korn/Ferry’s computer system for the purpose of defrauding Korn/Ferry and setting up a competing executive search
Federal Court Dismisses Computer Fraud and Abuse Act Claim That Was Filed Against Our Clients
Here’s a recent victory we obtained on behalf of our clients SunEdison, Inc., et al. The individual defendants (then-current employees of SunPower, Inc.) were alleged to have violated the federal Computer Fraud and Abuse Act (CFAA) by connecting USB devices to SunPower’s computer system and allegedly copying data. U.S. District Court Judge William H. Orrick granted our motion to dismiss the complaint on the grounds
New California Law Protects Employee Use of Social Media
California Governor Jerry Brown has signed a new law protecting employee use of social media by prohibiting an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing the employee’s personal social media. Additionally, an employer may not require an employee or applicant to divulge any personal social media unless the employer reasonably
Employees Did Not Violate Federal Statute By Misappropriating Employer’s Computer Data
United States v. Nosal, 676 F.3d 854 (2012) (en banc)
In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of Korn/Ferry International) and his accomplices (also from Korn/Ferry) as a result of their obtaining information from their employer’s computer system for the purpose of defrauding Korn/Ferry
Former Employee Cannot Be Charged Criminally For Violating Company Computer Policy
On April 10, 2012, the Ninth Circuit filed its opinion in United States v. Nosal, holding that a former employee cannot be held criminally liable under federal law for receiving confidential company data and information from his former coworkers in violation of company policy.