Magazine article HRMagazine

California Companies Struggle to Keep Up with Smartphone Use

Magazine article HRMagazine

California Companies Struggle to Keep Up with Smartphone Use

Article excerpt

As smartphones get more sophisticated, the legal issues surrounding their use in the workplace has become increasingly complex. Employees have the ability to capture video and audio recordings of companywide meetings, disciplinary actions with HR or even perceived misconduct at work.

Should employers enact "norecording" policies? A general guideline is that a company can have such a policy as long as there's a valid business reason for it.

Strong Privacy Law

California has strong privacy protections, says A. Marisa Chun, trial attorney at McDermott, Will & Emery in Menlo Park, Calif. It's illegal to record a confidential communication without the consent of all parties. A violator may face criminal penalties of a fine, imprisonment or both. In addition, civil actions are available. An injured party can sue for $5,000 or three times the amount of actual damages, whichever is greater. …

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