Hope your 2010 has eased in painlessly and that you are ready for an abundant year!  California has had some significant cases decided and also some new laws signed by Gov. Schwarzenegger.

Before too much time got away, I wanted to touch base and share with you just a couple important 2010 employment law updates.  If you have any questions at all, or know anyone who might need some CA employment law advice, guidance or assistance, please call me:  925 827 4198 or 925 932 7011 or Jessica@CAELTC.com Lawsuits are still on the rise, so when in doubt, seek some legal guidance.  Don’t wait.  This is not a complete list of all the new laws, only a couple of highlights of those you might find most pressing:

These updates might require you or your company to update your employee handbooks etc. so compare the below with what you have in place and be sure:

Privacy/Cameras in the Workplace in California

In a case called Hernandez v. Hillsides Inc., the California Supreme Court recently held that the employer’s installation of a hidden surveillance system in a “semi-private” office did not constitute an actionable invasion of the employees’ privacy under either the CA constitution or CA common law.  The court reasoned that the activation of the surveillance system was narrowly tailored in place, time and scope and was motivated by legitimate business concerns (misuse of company computer systems).

Remember, California recognizes employee right to privacy and this right is spelled out in CA’s Constitution among other places.  Thus, whenever the employer seeks to invade the employee’s right to privacy (monitoring emails, phone calls, text messages, and their movements via a camera), the employer should consult with legal counsel to ensure that the employees are aware of the employer’s “monitoring”- even though the employer does not have to reveal every place/location a camera may be installed.  This can be handled in a variety of ways, but to ensure legal compliance, consult with us or your legal counsel.

Alternative Work Week Schedules in CA

This affects all employers in California, as this bill took effect on May 21, 2009, but many employers are still unaware or unsure of how it works. (AB X2 5)

Providing greater flexibility in scheduling, the CA Legislature passed and the Governor signed a bill amending Labor Code section 511- concerning the “alternative work week arrangements”.

Prior to this amendment, employers who wanted to change the work schedule from 8 hours a day 5 times a week, to 10 hours a day 4 days a week for example- were required to collect a secret-ballot election of at least 2/3 of the affected employees in a work unit. Yet the code failed to define a “work unit”.  Now, as amended, Labor Code section 511 now specifies that a work unit includes “a division, a department, a job classification, a separate physical location or a recognizable subdivision”.  It also specifies that a “work unit” could include an individual employee if that employee satisfied the definition/criteria of a “reasonably identifiable work unit”.  This makes it more streamlined for the employer to alter a work week schedule depending on what the employees want and/or what the employer needs.  There are still many rules/regs so be sure to consult with your legal professional.

I personally am happy to see this amendment since I worked closely with many employers who had to go through the steps of the “secret ballot” and often had to spend unnecessary time and resources fitting the schedules to meet the business needs.  This amendment provides greater flexibility (more information) and less hurdles.  Call me w/ any questions on this.

Electronic Discovery in California

Many of you heard me speak or moderate on the Legal Landmines of Social Media 2.0 in the Workplace or came to the Electronic Discovery seminar I coordinated through the Contra Costa County Bar Association in 2009 (if not- contact me as I will be speaking in 2010 on these topics and am available to come and speak to your organization). This is a hot new topic and many employers are being required to get behind the Electronic Legal Age and modify handbooks, policies & procedures.  However, many are confused since little to no information or templates are available in one place.  Contact me if I can provide guidance.

On June 29, 2009 our CA Governor signed AB 5 a bill that amended California’s Civil Discovery Act to establish set procedures for the discovery (in litigation) of “electronically stored information” (defined within the bill).  This bill is not an “employment” bill per se- but definitely affects and changes how Human Resource Professionals now must view, collect and store information that potentially could be sought in an administrative hearing or a lawsuit.

This bill expands California’s Civil Discovery Act which previously provided for the discovery of “documents and other tangible items”,  Now, discovery permits a party to obtain discovery of “electronically stored information”.  Balance this issue with employee and third party rights to privacy- and employers definitely have their hands & computers full.

This is complicated and definitely warrants conferring with a legal professional who knows both employment and electronic laws.

There are many new employment laws both Federal and California for 2010.  If I can be of further help to anyone, please let me know.  Call me anytime- especially to stay in touch and let me know how the new year is progressing for you.  If there are specific services or capacities you need from me this year, don’t hesitate to let me know.

Looking forward to a NEW & Prosperous Year.  Please do stay in touch.  Feel free to forward to anyone who can benefit or let me know and I’ll add them on to my distribution.  Pretty soon I will have a new website, so in about a week or so, take a look at www.BravermanSolutions.com Warmly & Sincerely, Jessica Braverman, Esq.

P.S. I don’t email out often, but if you want to opt out and never get any emails from me, please just reply and put “opt out” in the subject line. No worries.  I’ll remove you from my contact/distribution list.  Thank you!!

Jessica A. Braverman, Esq.
California Employment Law Training Center
a division of BRAVERMAN MEDIATION & CONSULTING