Employee Privacy Attorney
Employees have a right to privacy in the workplace. State and federal laws prevent employers from intruding into your personal life and concerning themselves with things that aren’t work-related and have no bearing on your performance. For example, privacy laws extend to your medical records, genetic information, credit report, and background checks.
If your privacy has been violated at work, there are legal actions you can take with the assistance of an employee privacy attorney in California.
The lawyers at California Civil Rights Law Group represent California residents who have experienced employee data protection problems at work. Learn more about California’s employee privacy acts and what options you have if your employer has violated them.
Understanding Employee Privacy Rights in California
California employee privacy laws are addressed in the state’s labor code and constitution, granting employees the reasonable expectation of privacy.
The California Consumer Privacy Act further strengthens your rights by giving you the chance to access, change, and even delete personal data. Employee privacy laws establish what employers can and can’t do with your personal information.
These laws address monitoring, for example. Your employer has the right to monitor company equipment, such as phones and tablets, for work-related purposes. However, they can’t access your personal cell phone or check your social media. Recording conversations in business phone calls is permitted as long as employees are aware that’s the case, but it’s illegal to record or listen in on personal calls.
The same applies to video surveillance. California employee privacy laws require that employers inform employees if they’ll be monitored on video, and cameras aren’t allowed in areas where workers should be able to expect privacy, such as restrooms and locker rooms.
That expectation of privacy extends to personal possessions, as well, with strict guidelines ensuring that employers don’t have access to any items that belong to employees.
There are numerous regulations in place for protecting employee privacy concerning medical information, background checks, and drug tests.
This is particularly important during the hiring process, where this information might come into play and could be used to unfairly influence hiring decisions. Although background checks and drug tests are legal, California law requires that they be warranted by the position you’re applying for.
California Laws and Regulations
The California Consumer Privacy Act (CCPA) gives all consumers in the state, including employees, more control over their personal information. This law lets you make changes to your data, including deleting it, and makes it easier to opt out of allowing companies to share that information.
The California Electronic Communications Privacy Act (CalECPA) extends employee privacy rights in California by protecting electronic communications of all types. This act requires that government entities seeking access to personal information present warrants or obtain consent before being granted access to certain communications.
You also have protections under the California Privacy Rights Act (CPRA). This law treats employees and job applicants like consumers. It protects sensitive personal information like financial information, medical records, biometric information (DNA, fingerprints, and facial recognition data), and geolocation information.
The California Invasion of Privacy Act (CIPA) makes it illegal for anyone to listen in on or record confidential communications without consent.
California’s constitution also guarantees the right to privacy, a guarantee that’s supported by state labor laws. Another crucial law in place in California is the “Ban the Box” law, which prohibits employers from asking about an employee’s criminal history during the application and hiring process.
Compliance and Best Practices
Employers are obligated to comply with the various laws in the state regarding employee privacy. When collecting data, they must draft collection notices to let employees know that they’re doing so. This and other steps help employers remain compliant with the CCPA and CPRA.
Employers also need to enhance digital security. Companies must have reasonable data protection measures in place to ensure that unauthorized access isn’t possible. This means introducing encryption and two-step security checks.
Many businesses can benefit from data mapping to see how information is used and how it moves through various organizational channels. This practice can enable employers to see where different types of data are collected, how they’re used, and who has access to them.
Another prudent step is to create a data retention schedule. This means that when employers collect information for data analysis, it will only be available for as long as absolutely necessary.
Employee Rights and Remedies
Employee privacy laws grant employees a number of rights. You have the right to know what information your employer is collecting, who sees it, and how it’s used. If you need to correct certain information, you have the right to do so.
To be able to monitor your texts, emails, or other electronic communications, your employer must get consent or have a reasonable business-related purpose for doing so. The device you use for these communications is a vital factor, as employers can legally monitor company-issued equipment.
You also have the right not to be retaliated against if you file a complaint after a privacy law violation. Employers can’t discriminate or take negative action against their employees for any reason.
If your rights are violated, you have the option to file a claim. Data breaches are always a concern, but so is the possibility of your personal information being used against you in the course of your employment.
You may also have the right to file a lawsuit against your employer if you were fired or demoted or suffered other consequences as retaliation for making a complaint following a privacy breach. Employers aren’t allowed to retaliate against employees who exercise their civil rights.
The legal remedies available will depend on your specific circumstances. Consult a qualified employee privacy lawyer to learn what steps you can take to rectify the problem.
Seeking Legal Support for Employee Privacy Violations in California
If your privacy is violated in the workplace, you may have the right to take legal action against your employer.
If you choose to go this route, working with an employee privacy attorney in California is essential. There are many laws to parse and interpret, and putting together a strong case can be a challenge if you’re not sure what laws or types of evidence will be most helpful.
At California Civil Rights Law Group, our attorneys have decades of experience handling cases involving violations of privacy in employment law.
We can provide aggressive representation to protect your rights and help you seek fair compensation for your losses. Contact us to speak with an employee privacy attorney in California about your situation.
Employee Privacy Violations FAQs
If you believe your employee privacy rights have been infringed upon and you have questions about the potential legal remedies, we’re here to help. Here are answers to some of the questions we receive most often.
Yes. The CPRA applies to employees because it categorizes them as consumers. The law protects your rights to modify your personal information and opt out of sharing it, along with a number of other things.
Many pieces of employee data are confidential in California, including Social Security Numbers, financial information, medical records, prior employment history, criminal history, social media accounts, and personal emails.
California offers several notable protections through the California Privacy Rights Act, the California Consumer Privacy Act, labor laws, and the state Constitution.
These legal frameworks protect your right to know what personal information your employer is gathering, how they’re using it, and who has access to it. You’re also free to make changes to your information at will and prevent it from being shared.
Employees in California are granted a reasonable expectation of privacy in areas like restrooms and locker rooms. Workers are protected from having their conversations recorded without consent, and there are limits to the surveillance they can be subjected to.
Employers also have restricted access to employee data, though there are exceptions to these limits when company equipment is used.
If an employer violates your reasonable expectation of privacy or in any way undermines the various privacy laws California grants you, they’ve invaded your privacy.
For example, an employer might intrude on your private communications or gather data under false pretenses. Violations of privacy by an employer can also include disclosing private information to other employees without consent.
In some cases, there may be obvious signs, like spotting cameras in areas where you should be able to expect privacy. Typically, however, employers are more subtle.
You may receive more notifications or pop-ups when you’re online, which could indicate that monitoring software has been installed on the device. You may also have restricted access to certain sites or applications.
Another telltale sign is coworkers knowing private information that you haven’t told them, which could mean your employer has told them things about you they shouldn’t have.
An attorney can assess your circumstances and explain what legal actions may be available. They’ll assist you in gathering evidence, such as emails, device log records, and anything else that shows that your privacy rights were violated.
Filing a legal claim is rarely simple, and it will involve negotiating for an appropriate settlement for the losses you’ve sustained. If you can’t reach a fair settlement, you may need to go to court, which is not something you should attempt without legal representation.
You stand to recover both economic and non-economic damages as part of an employee privacy lawsuit. Economic damages cover the financial losses you’ve sustained, including lost wages. If you were fired and aren’t eligible for reinstatement, you may also receive future lost wages to make up for what you would have received.
If the violation of your privacy caused you to suffer psychological harm, non-economic damages may be available to acknowledge your mental and emotional anguish.
Strong cases generally come with a significant amount of supporting evidence. That’s why it’s so important to document everything from the moment you begin to suspect that your privacy has been violated.
By consulting an attorney early on, you can get a clearer idea of whether you have a viable case. Your lawyer can then take steps to further strengthen it, such as collecting evidence and enlisting expert witnesses.
California places restrictions on background checks, though employers may be able to run them if a position warrants it. Even so, employers must adhere to the state’s labor laws and may need to disclose that they’ve performed a background check.
Employer credit checks are usually considered violations of privacy, though there may be some narrow exceptions.
