![]() In California, no one should be recorded without consent, so it's not enough for a notice to state, "This call may be monitored for quality assurance purposes." If the call might also be recorded, the notice needs to say so. Hernández noted that "monitoring" and "recording" are not the same thing. "Where employers have legitimate business purposes for such monitoring, it is a best practice to disclose the monitoring to employees in a handbook, memo, sign or by other means." Full Social Security numbers can't be used as an employee identification number and aren't supposed to be put in anything that goes in mail or in other communications.Ĭalifornia employers should exercise care in connection with workplace monitoring, such as video surveillance, e-mail monitoring, and listening to employee telephone conversations, Olmsted said. ![]() California law provides specific protections for employee Social Security numbers, which can only be used in very limited circumstances, Hernández said. Medical documents should be kept separately from personnel files, noted Steve Hernández, an attorney with Barnes & Thornburg in Los Angeles.Īll states have laws protecting personal data to some degree because the risk of identity theft is so high. Medical records relating to workers' compensation claims, health insurance claims, and disability or medical leaves should be kept in a secure location that is accessible only to designated staff members. Similar restrictions apply to fitness-for-duty or other medical testing.įurthermore, employers should take care to maintain the confidentiality of employee medical documents, he added. For example, when requesting a medical certification for a leave of absence under the California Family Rights Act, an employer should not request any medical facts relating to the employee's condition. "California employers should be mindful of privacy rights as they pertain to medical information," said Christopher Olmsted, an attorney with Ogletree Deakins in San Diego.
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