California Employment Law Update

Category Archives: Computer and Internet Use

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May 2023 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Computer and Internet Use, Day Laborers, Discrimination, Employee Benefits, Employment Contracts, Employment Law Notes, Employment Policies, Independent Contractors, Privacy, Religion
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: Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express … Continue Reading

Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express Policy

By Tony Oncidi on Posted in Computer and Internet Use, Employment Policies, Privacy
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 … Continue Reading

AI is Here and So Are the New AI Rules for Employers

By Tony Oncidi and Sehreen Ladak on Posted in Age discrimination, Biden Administration Coverage, California Labor & Employment Law, Computer and Internet Use, Discrimination, Employment Applications, Employment Policies, FEHA, Gender discrimination, Hiring, New and Proposed Laws and Legislation, Pay equity, Reasonable Accommodation, Reporting Requirements, Retaliation
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. … Continue Reading

Actors’ Ages to Remain Available Online (At Least for Now)

By Tony Oncidi and Elaine H. Simson on Posted in ADEA, Computer and Internet Use, Discrimination, FEHA, News, Privacy
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 … Continue Reading

CA Governor Signs Bill Allowing Actors to Delete Their Age from Online Profiles

By Tony Oncidi and Elaine H. Simson on Posted in ADEA, Computer and Internet Use, Discrimination, FEHA, Privacy
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 … Continue Reading

Former Employee Who Accessed Employer’s Computers Was Properly Imprisoned

By Tony Oncidi on Posted in California Labor & Employment Law, Computer and Internet Use, Computer Fraud and Abuse Act, Economic Espionage Act, Trade Secrets
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 … Continue Reading

Federal Court Dismisses Computer Fraud and Abuse Act Claim That Was Filed Against Our Clients

By Tony Oncidi on Posted in Computer and Internet Use, Computer Fraud and Abuse Act, Federal Jurisdiction, Trade Secrets
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 … Continue Reading

New California Law Protects Employee Use of Social Media

By Tony Oncidi on Posted in Computer and Internet Use, Employment Policies, New and Proposed Laws and Legislation, News, Privacy, Retaliation, Wrongful Termination
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 … Continue Reading

Employees Did Not Violate Federal Statute By Misappropriating Employer’s Computer Data

By Tony Oncidi on Posted in Computer and Internet Use, Employment Law Notes
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 … Continue Reading

New Government-Created SmartPhone “App” Now Available For Use As “iEvidence” To Assist Employees In Wage Disputes

By Proskauer Rose on Posted in Class Actions, Computer and Internet Use, FLSA, Overtime, Wage and Hour
As the federal government wades deeper into the realm of mobile "apps" (among the most useful, of course, the Smithsonian Institution’s “MEanderthal” app, which enables users to morph personal photos into prehistoric images of themselves), various U.S. agencies are promoting new apps that allow the public to access official information from “the palm of [one’s] … Continue Reading

The State Bar Labor and Employment Law Section Presents 2011 Employment Law Update: A Mid-Year Review of Recent Developments

By Proskauer Rose on Posted in Computer and Internet Use, Disability, News, Supreme Court, Wage and Hour
On Wednesday, June 22, from 12:00 to 1:00 p.m., Anthony Oncidi of Proskauer and plaintiff-side attorney, Andrew Friedman of Helmer Friedman LLP, will summarize the latest developments and discuss the practical implications of this year’s most significant employment decisions. Among other developments, attendees will hear about the new U.S. Supreme Court rulings regarding the “cat’s … Continue Reading

Employees May Have Committed A Crime By Violating Employer’s Computer Use Policy

By Tony Oncidi on Posted in Computer and Internet Use, Employment Law Notes, Employment Policies
U.S. v. Nosal, 642 F.3d 781 (2011) 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 … Continue Reading

D.C. Circuit Reviews NLRB’s Controversial Register Guard E-Mail Solicitation Decision

By Proskauer Employment Law Group on Posted in Client Alerts, Computer and Internet Use, Employment Policies, NLRA, Union Issues
As we reported previously, in December 2007 the National Labor Relations Board issued a decision relating to company e-mail policies in The Guard Publishing Company, d/b/a The Register-Guard, 351 NLRB No. 70 (2007), holding that an employer (i) may restrict the use of its computer systems to business related uses only, and (ii) could distinguish … Continue Reading

Swine Flu: Is Your Workplace Prepared?

By Proskauer Employment Law Group on Posted in Client Alerts, Computer and Internet Use, Employee Discipline, Employment Policies, FMLA, Illness and Injury Prevention Program, Insurance, Leaves of Absence, Reporting Requirements, Serious Health Conditions, Workplace Safety
As of this writing, the Centers for Disease Control and Prevention has confirmed 109 cases of the H1N1 virus, commonly known as swine flu, in the United States. The World Health Organization has confirmed 331 cases of swine flu worldwide and has raised the pandemic threat level to Phase 5 on its six-step scale (Phase … Continue Reading

Police Officer Had Reasonable Expectation Of Privacy In Text Messages Sent And Received On Pager

By Tony Oncidi on Posted in Computer and Internet Use, Employment Law Notes, Privacy
Quon v. Arch Wireless Operating Co., 529 F.3d 892 (9th Cir. 2008) Arch Wireless contracted to provide wireless text-messaging services for the City of Ontario, including its police department. Pursuant to the city’s general Computer Usage, Internet and E-mail Policy, the use of the city’s computers and other electronic equipment, networks, etc., was limited to city-related … Continue Reading

Court Upholds $775,000 Jury Award Against Employees Who Libeled Former Employer And Company Executives

By Tony Oncidi on Posted in Computer and Internet Use, Defamation, Employment Law Notes, Privacy
Varian Med. Sys., Inc. v. Delfino, 113 Cal. App. 4th 273, 6 Cal.Rptr.3d 325 (2003) Varian and two of its executives, George Zdasiuk and Susan B. Felch, sued two former employees, Michelangelo Delfino and Mary Day, after Delfino and Day used Internet bulletin boards to post more than 13,000 derogatory messages about Varian and the two executives. … Continue Reading

Employer’s Anti-SLAPP Motion Against Employee Was Properly Denied

By Tony Oncidi on Posted in Computer and Internet Use, Defamation, Employment Law Notes
Du Charme v. IBEW, Local 45, 110 Cal. App. 4th 107 (2003) Frank Du Charme sued the International Brotherhood of Electrical Workers (IBEW), Local 45 and Cecil Wynn, the individual who was assigned to operate Local 45 after it was placed in trusteeship in conjunction with an investigation into its financial operations. Among other things, … Continue Reading

Employee Did Not Trespass By Sending Thousands Of E-Mails To Former Employer

By Tony Oncidi on Posted in Computer and Internet Use, Employment Law Notes
Intel Corp. v. Hamidi, 30 Cal. 4th 1342 (2003) Kourosh Kenneth Hamidi, a former Intel engineer, formed an organization named Former and Current Employees of Intel (FACE-Intel) to disseminate information and views critical of Intel’s employment and personnel policies and practices. Over a 21-month period, Hamidi sent as many as 35,000 messages to e-mail addresses … Continue Reading

Employer May Have Violated Federal Law By Accessing Employee’s Secure Website

By Tony Oncidi on Posted in Computer and Internet Use, Employment Law Notes, Privacy, Union Issues
Konop v. Hawaiian Airlines, Inc., 302 F.3d 868 (9th Cir. 2002) Robert Konop, a pilot for Hawaiian Airlines, created and maintained a website on which he posted bulletins critical of the airline and the incumbent union, the Air Line Pilots Association. Konop controlled access to his website by requiring visitors to log in with a … Continue Reading

Employee Had No Reasonable Expectation Of Privacy In Home Computer Provided By Employer

By Tony Oncidi on Posted in Computer and Internet Use, Employment Contracts, Employment Law Notes, Privacy, Wrongful Termination
TBG Ins. Serv. Corp. v. Superior Court, 96 Cal. App. 4th 443 (2002) The employer in this case had provided its employee, Robert Zieminski, with two computers – one for the office and the other to permit Zieminski to work at home. The employee had signed the company’s “electronic and telephone equipment policy,” which, among … Continue Reading
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