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When an employee walks into the workplace, they do give up a certain degree of um their ability to be
observed in the day-to-day. In that vein, if an employee is using an employerbased um employer issued laptop
or cell phone or walking around employee common areas, those may be subject to um employer monitoring, especially during
work hours. However, an employer may not overstep certain boundaries. For example, an employer may not um listen
in on private conversations by an employee. Um whether that’s by telephone or by text message. An employer also may
not record any private conversation that an employee may be having in the workplace. Um irrespective of whether
that conversation is happening during a break or not. An employer also may not intrude upon an employes’s um reasonable
expectation of privacy um in certain spaces such as locker rooms, such as bathrooms, even personal storage areas.
Um an employee has a reasonable expectation of privacy there and an employer may not monitor that. An employer also may not seek documentation
that is private to an employee um without an employes’s consent and without the employer demonstrating a
jobrelated basis for seeking this material. This can include medical records or subjecting an employee to
drug tests. Um an employer may not step overstep those boundaries um without a consent by the employee in those spaces
and without demonstrating that the request for this material is jobreated.
Los Angeles, CA employment attorney Shoshee Hui talks about examples of employers violating employee privacy rights.
