Phil Dickinson

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Phil Dickinson
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  • Yes, the audio recording raises issues under state and federal wiretap and eavesdropping laws. This is especially true when there is no notice that conversations may be recorded. Some states have additional laws providing for notice of electronic mo…
  • Let me add one more comment: Assuming the video surveillance itself is appropriate, employers also should be concerned about who sees the material and how it is used. For example, someone caught sleeping in the warehouse may not have an expectation …
  • I am not aware of a California statute that deals expressly with this type of video surveillance. However, accompanying recording of voice would invoke federal and California laws on electronic privacy. The California Constitution's right to privacy…
  • Employers may restrict personal calls on company time. Federal and state law require the consent of one party to monitor personal calls (some states require the consent of both parties). However, an effective company policy on personal calls may hel…
  • 28 states and District of Columbia, but not California, now have laws that prohibit discrimination on the basis of tobacco use outside the workplace. Some laws also apply to other lawful products or lawful activities (alcohol, for example). For addi…