Tag Archives: privacy

May 2023 California Employment Law Notes

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 May 23, 2023 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

March 2014 California Employment Law Notes

By Tony Oncidi on March 11, 2014 Posted in Attorney's Fees, Class Actions, Collective Bargaining, Employment Law Notes, FEHA, FMLA, Harassment, Kin Care, Leaves of Absence, Overtime, Privacy, Retaliation, Sexual Harassment, Wage and Hour, Whistleblowers, Wrongful Termination

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to … Continue Reading

New California Law Protects Employee Use of Social Media

By Tony Oncidi on September 28, 2012 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

Ninth Circuit Recognizes Priests’ Privacy Interest In Their Personnel Files

By Tony Oncidi on November 1, 2011 Posted in Employment Law Notes, Privacy

In re Roman Catholic Archbishop of Portland, 657 F.3d 1008 (2011) Documents that were produced in discovery and filed in the bankruptcy court contained allegations that Fathers “M” and “D” (two priests who were not parties to the Portland Archdiocese’s bankruptcy case) had sexually abused children. The bankruptcy court held that the discovery documents could … Continue Reading

Pregnancy Harassment Claim Was Properly Dismissed, And Employee Waived Attorney-Client Privilege By Using Employer’s Computer

By Tony Oncidi on March 1, 2011 Posted in Employment Law Notes, Privacy, Retaliation

Holmes v. Petrovich Dev. Co., 191 Cal. App. 4th 1047 (2011) Gina Holmes sued her employer for harassment based on pregnancy, retaliation, constructive discharge, violation of the right to privacy and intentional infliction of emotional distress. The trial court granted summary adjudication to the defendants with respect to the claims for harassment, retaliation and constructive … Continue Reading

NASA Employees’ Privacy Was Not Invaded By Background Check

By Tony Oncidi on March 1, 2011 Posted in Employment Law Notes, Privacy

NASA v. Nelson, 562 U.S. ___, 131 S. Ct. 746 (2011) Twenty-eight contract employees of the Jet Propulsion Laboratory (“JPL”), which is owned by NASA but operated by Cal Tech, had never been subjected to a government background investigation. In 2004, a recommendation of the 9/11 Commission prompted the President to order new, uniform identification … Continue Reading

Harmony at the High Court: Supremes Issue Unanimous Decisions on Government Background Checks, Third-Party Retaliation

By Proskauer Rose on February 4, 2011 Posted in Background Investigations, Privacy, Retaliation, Supreme Court

The U.S. Supreme Court handed down two important employment law decisions in January, embarking upon a year that includes a host of notable cases that onlookers anticipate could bring about significant changes and clarifications in labor and employment law.… Continue Reading

Non-Union County Employees Must Be Permitted To Object To Disclosure Of Personal Information

By Tony Oncidi on January 1, 2011 Posted in Collective Bargaining, Employment Law Notes, Privacy

County of Los Angeles v. Los Angeles County Employee Relations Comm’n, 190 Cal. App. 4th 178 (2010) During the course of collective bargaining, the Service Employees International Union asked the county for the personal contact information (names, home addresses and home telephone numbers) of county employees who are in the bargaining unit but who are … Continue Reading

City’s Search Of Text Messages Was Reasonable Despite Employee’s Expectation Of Privacy

By Tony Oncidi on July 14, 2010 Posted in Employment Law Notes, Privacy

City of Ontario v. Quon, 130 S. Ct. 2619 (2010) The City of Ontario’s Computer Usage, Internet and E-mail Policy provides that use of the city’s computers and other electronic equipment, networks, etc., is limited to city-related business, that access is not confidential and “users should have no expectation of privacy or confidentiality when using … Continue Reading

June 23, 2010 MCLE Telephonic Employment Law Seminar

By Tony Oncidi on June 18, 2010 Posted in Articles

On Wednesday, June 23, 2010, I will be speaking at the 2010 Employment Law Update telephonic conference sponsored by CEB. It is always a lively and informative program, and I encourage you to enroll. The program runs from 1:00 p.m. to 2 p.m. (Pacific). One hour of MCLE credit is available. Details after the break.… Continue Reading

Client Alert: Ninth Circuit Reversed in Sexting Privacy Decision

By Proskauer Employment Law Group on June 17, 2010 Posted in Client Alerts, Privacy

Today, in a decision authored by Justice Anthony Kennedy, the U.S. Supreme Court unanimously overturned a decision by the U.S. Court of Appeals for the Ninth Circuit in a case involving an employee’s assertion that a government employer had violated the Fourth Amendment by unreasonably obtaining and reviewing personal text messages sent and received on … Continue Reading

Employee Was Properly Convicted Of Grand Theft

By Tony Oncidi on March 1, 2009 Posted in Employment Law Notes, Privacy

People v. Tabb, 170 Cal. App. 4th 1142 (2009) Edward Nathaniel Tabb, Sr. was convicted by a jury for grand theft of his employer’s property. Tabb worked as a “runner or helper for pipe fitters” at BAE Systems. Over a period of approximately two months, Tabb brought new or used ship parts to A to … Continue Reading

Television Writers’ Privacy Objections Overruled In Age Class Action Against Studios, Networks And Talent Agencies

By Tony Oncidi on September 1, 2008 Posted in Class Actions, Discrimination, Employment Law Notes, Privacy

Alch v. Superior Court, 165 Cal. App. 4th 1412 (2008) In this ongoing putative class action filed by television writers alleging “industry-wide” age discrimination, the writers served subpoenas on the Writers Guild of America (“WGA”) and other third parties, seeking demographic information, including dates of birth, employment data such as writers’ employers, job titles, credits … Continue Reading

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

By Tony Oncidi on July 1, 2008 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

Employee Had No Expectation Of Privacy While Using Company’s Computer

By Tony Oncidi on October 1, 2006 Posted in Employment Law Notes, Privacy

United States v. Ziegler, 456 F.3d 1138 (9th Cir. 2006) After the owner of Frontline Processing contacted the FBI with a tip that an employee, Brian Ziegler, had accessed child pornography on the Internet from a workplace computer, Frontline entered Ziegler’s locked office and made a copy of the computer’s hard drive, which was provided … Continue Reading

Company’s Out-of-State Employees May Have Violated California Privacy Law With Surreptitious Taping

By Tony Oncidi on August 1, 2006 Posted in Employment Law Notes, Privacy

Kearney v. Salomon Smith Barney, Inc., 39 Cal. 4th 95 (2006) In this proceeding, several California clients of SSB filed a putative class action seeking damages and injunctive relief against SSB’s Atlanta-based branch’s practice of recording telephone conversations with California residents without their knowledge or consent. The lower court affirmed dismissal of the lawsuit after … Continue Reading

Names And Addresses Of Putative Plaintiffs In Class Action Are Protected By Privacy Rights

By Tony Oncidi on July 1, 2006 Posted in Employment Law Notes, Privacy

Tien v. Superior Court, 139 Cal. App. 4th 528 (2006) In this wage and hour class action litigation against Tenet Healthcare Corporation, plaintiffs sought from Tenet the names, addresses and telephone numbers of all of the putative members of the class, which Tenet estimated to be approximately 50,000 people. The parties subsequently agreed that a … Continue Reading

California Supreme Court Asked To Decide Whether Website Posting Invaded Company Owner’s Privacy

By Tony Oncidi on April 1, 2006 Posted in Employment Law Notes, Privacy

Readylink Healthcare v. Lynch, 440 F.3d 1118 (9th Cir. 2006) Readylink Healthcare and its founder, sole shareholder and officer, Barry Treash, sued David Lynch and his law firm for invasion of privacy (public disclosure of private facts) based upon, among other things, Lynch’s posting on his website that Treash was a “convicted felon.” (Lynch had … Continue Reading

Employee Had Reasonable Expectation Of Privacy In Documents Saved On Employer’s Laptop

By Tony Oncidi on October 1, 2005 Posted in Employment Law Notes, Privacy

People v. Jiang, 131 Cal. App. 4th 1027 (2005) Weibin Jiang was arrested and charged with committing sexual offenses against an acquaintance. While he was out on bail, Jiang prepared numerous password-protected documents for his attorneys, which he saved in a folder labeled “Attorney” on his employer-issued laptop computer. The prosecutor obtained the documents by … Continue Reading

Airline May Have Unlawfully Rescinded Job Offers To HIV-Positive Applicants

By Tony Oncidi on March 1, 2005 Posted in ADA, Disability, Discrimination, Employment Law Notes, FEHA, Privacy, Unfair Competition

Leonel v. American Airlines, Inc., 400 F.3d 702 (9th Cir. 2005) Walber Leonel and two other individuals applied for flight attendant positions with American Airlines. Plaintiffs were interviewed in Dallas and received conditional offers of employment, contingent upon their passing background checks and medical examinations. Although none of the applicants disclosed his HIV-positive status or … Continue Reading

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