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California Supreme Court Issues Guidance on Workplace Video Surveillance |
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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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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