In 2008 the California Court of Appeals issued its decision in one of the most important areas of human resources management both for California employers and employees. In Brinker v. Superior Court the Court analyzed what California Labor Code § 512 means when it requires an employer to “provide” meal and rest periods for non-exempt employees. (more…)
If an employer issues a cellular phone, iPhone, Blackberry or pager to an employee, does the employer have the right to search text messages sent to or from the device? According to a recent decision by a federal appeals court, the answer appears to be a qualified “yes” but only if the employer consistently follows a formal company policy that clearly authorizes such search. The case is of particular interest in that it highlights the pitfalls for employers that monitor such communications, but also suggests ways that employers can protect themselves from liability in such situations. (more…)
Employer-provided technology and equipment, voice mail, E-mail, and computers which are to be used for Employer’s business purposes only, and may not be used for personal matters. These systems are maintained by the Employer in order to facilitate Employer’s business. Therefore, all messages sent, received, composed and/or stored on these systems are the sole property of the Employer. (more…)
