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California Supreme Court Issues Guidance on Workplace Video Surveillance by John Nadolenco
Mayer Brown LLP - Los Angeles Office
Bronwyn F. Pollock
Mayer Brown LLP - Los Angeles Office
Jerome M. Jauffret
Mayer Brown LLP - Los Angeles Office
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August 24, 2009
Previously published on August 11, 2009
On August 3, 2009, the California Supreme Court issued a decision regarding the limited circumstances under which private California employers may lawfully engage in video surveillance of their employees. Hernandez, et al. v. Hillsides, Inc., et al., No. S147552, 2009 Cal. LEXIS 5565 (August 3, 2009). The court held that an employee may have a reasonable expectation of privacy in an enclosed office; however, no invasion of an employee's privacy will be actionable unless the employer's intrusion is "highly offensive" to a reasonable person, and "sufficiently serious" and unwarranted as to constitute an "egregious breach of the social norms."
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