Employee Privacy

California employers are subject to a complex web of federal, state and local regulations which seek to balance the employer’s need to use or disclose this information with an employee or applicant’s interest in keeping it private.  Further, employers invariably end up in possession of some of the most sensitive and private information available about an individual – information that most people would want to ensure was well safeguarded (e.g., health or medical information, compensation and other financial data, social security numbers, disciplinary actions, etc.)  So, no matter the size of your business, employee privacy issues continually arise and create the potential for liability.

What Can We Do to Help Protect Your Company?

At Miller Legal Group, P.C., we work closely with companies to come up with practical and creative solutions which strike the difficult balance between the employer’s need for certain information and the employee’s desire to keep that information private.  To this end, we advise and assist companies – including through compliance reviews and HR audits – on the development and implementation of documentation, protocols and procedures to lawfully:

  • Implement background investigation procedures for employment purposes as well as how to maintain the information the employer receives
  • Use, handle and store medical information and records, including information obtained during the hiring process as well as in connection with employee leaves of absence or disabilities
  • Use, handle and maintain personnel files, including private personal information obtained both during the hiring process and during the employment relationship
  • Implement, use and maintain drug/alcohol testing and medical examination procedures and information
  • Use and protect information relating to employee discipline, performance and terminations
  • Monitor employee usage of internet/e-mail and other technologies to which employees have access in connection with their employment
  • Monitor employee activities and conduct through video and other electronic surveillance in the workplace
  • Implement a “Bring Your Own Device” or BYOD program
  • Provide letters of reference
  • Comply with privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA) and Genetic Information Nondiscrimination Act (GINA).

In addition to the foregoing, we advise companies how to reduce the risk of workplace identity theft and breaches of employee confidentiality by third-party service providers and to respond appropriately when such breaches occur.

Likewise, we train managers on whether and to what extent certain information may be used or disclosed as well as how such information should be maintained to ensure adequate protections of employee privacy rights. When disputes arise regarding the use or disclosure of privacy information, we work closely with employers to guide them through those disputes to reach practical and cost effective solutions.

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Contact a Los Angeles Workplace Privacy Lawyer

For more information about what we do at Miller Legal Group, P.C., our innovative fee options, or to schedule a Litigation Avoidance consultation with an experienced Southern California workplace privacy law attorney, please contact us at our South Bay employment law firm by e-mail or by telephone at (310) 426-2650.