The California Supreme Court has issued its decision in Hernandez v. Hillsides, Inc., finding that an employer’s placement of a hidden camera in an office used by two employees did not violate the employees’ right to privacy.  This case has been closely watched (OK, pun intended) as it worked its way through the appellate courts.  Like all workplace privacy cases in California, the case is highly fact-specific and should not be interpreted as encouraging employers to conduct clandestine surveillance of employees.

Hillsides operated a residential facility for neglected and abused children.  Plaintiffs Hernandez and Lopez were employees of Hillsides who shared an enclosed office and performed clerical work during daytime business hours.  Hillsides learned that late at night, after the plaintiffs had left the premises, an unknown person repeatedly used a computer in the plaintiffs’ office to access and view pornographic web sites.  Concerned that the culprit might be a staff member who worked with the children who resided there, Hillsides set up the hidden camera, which could be operated from a remote location at any time.  Neither of the plaintiffs was suspected of being the culprit, and the employer only activated the camera after hours when the plaintiffs were gone.  The plaintiffs’ activities were never viewed or recorded by means of the surveillance system.Continue Reading California Supreme Court: No Privacy Violation for Employer’s Placement of Video Camera in Employees’ Office

The Washington state class action by Wal-Mart employees for missed meal and rest breaks and for being forced to work off the clock finally ended this week with a payment to the workers of $35,000,000 and $10,000,000 to their attorneys.  Wal-Mart (are you surprised?) denies any wrongdoing.  For more on the lawsuit and subsequent settlement

Last week Oregon Governor Ted Kulongoski signed Senate Bill 786, which will require employers to more extensively accommodate employees’ religious practices and observation.  The bill passed both the Oregon House and Senate by wide margins earlier this Spring.  The new law will take effect January 1, 2010.

Oregon law already prohibits discrimination based on an employee’s religion.  Senate

Are you looking for ways to hang on to staff, yet reduce costs?  Those goals are not necessarily mutually exclusive if you choose to participate in your state’s workshare program.  A workshare program allows your employees to collect some unemployment benefits but continue working part time.  Here’s an article from the Center for Law and Social Policy that gives additional detail.

Seventeen states have such programs:  Arizona, Arkansas, California, Connecticut, Florida, Iowa, Kansas, Maryland, Massachusetts, Minnesota, Missouri, New York, Oregon, Rhode Island, Texas, Vermont and Washington.  For a sample of a workshare law, see Section 1279.5 of California’s unemployment insurance code.

Each state’s program is a little different, but they have common attributes.  We’ll use Oregon’s program as an example. Continue Reading Use Workshare Program to Cut Costs and Keep Workers

Today in Heipel v. Henderson et al.,  the Oregon Court of Appeals affirmed summary judgment on an Oregon disability discrimination claim in favor of an employer who asked an employee to take an independent medical exam (IME) as part of an investigation into the employee’s disturbing work-related behavior.  The court confirmed that such exams must be

What’s an employer to do when it is ordered to reinstate former employees, but those employees are not legally authorized to work in the United States?  Pay liquidated damages instead, according to the Ninth Circuit’s recent decision in NLRB v. C&C Roofing Supply Inc

In C&C, the National Labor Relations Board (NLRB) alleged that