How California Attorneys Can Assist You

by Kristen White Blogger California's legislature is very progressive when it comes to protecting both employees and potential employees. In one area, an Employment Law Attorney In California will know that there are now strict background checks. These laws that hold potential employers liable to prospective employees for various acts. Although a different area of the law, Surveillance Camera Sign Law In California attempts to strike a balance between privacy and protection.  If you need questions answered about any of these issues, reach out to a California attorney experienced in these areas.

Employee Background Checks Until somewhat recently, a prospective employer had few limitations over the hiring practices. More recently, and especially as of January 1, 2018, when California enacted the "ban-the-box" law, significant restrictions continued to be placed on employers. This "ban the box" law amended California's Fair Housing and Employment Act so that it is now illegal for an employer to ask about any candidate's criminal history until after an offer of employment is made.

In addition, not only must California employers comply with the federal Fair Credit Reporting Act and all anti-discrimination laws, but they are not permitted to consider arrest records, diversion programs, sealed records, certain marijuana offenses, or juvenile records when deciding on a candidate’s employment.

To learn more, reach out to an Employment Law Attorney In California with knowledge of this area of law.

Surveillance Cameras
Modern home security systems have become prevalent in recent times. Although such video recording systems are legal in California, specific rules and regulations surrounding Surveillance Camera Sign Law In California are essential to know and follow.

Many parents employ the use of "nanny cams" to ensure their children's appropriate treatment from caregivers. Uber, Lyft and other drivers may install "dashcams" to deter people from—and have evidence in criminal cases in which a passenger is—attacking them in their car. 

Although such surveillance is important, California's public policy against an invasion of privacy has led to certain restrictions against such recordings.

Indeed, you may not place surveillance cameras in places where a person has an expectation of privacy, such as bathrooms, dressing rooms, etc.

Next, California, as a “two-party consent” state, decrees a recording unlawful unless both parties consent to its recording.  However, when there is no reasonable expectation of privacy, such as being at a Lakers game or other large, public venue, your consent is deemed implicitly given because you are in public.

In the workplace, video surveillance is generally not permitted, unless
(i) the employer has a clearly defined and communicated workplace policy concerning video surveillance and/or
(ii) signs are conspicuously posted making it clear that cameras are recording people.    

Exceptions to the above-stated laws include the situation where an employer believes an employee is committing wrongdoing, such as theft or stealing confidential information.  In this case, a secret camera is permitted to confirm this act of wrongdoing.  An employer must be careful to limit the surveillance to the perceived wrongdoing and not to an enormous scope.

California has many thousands of attorneys, many of which are quality.  However, when dealing with specific areas of the law, such as this, it is crucial to find an employment law attorney in California that has a similar experience.  Likewise, when it comes to surveillance camera sign law in California, this is a specialty, not all attorneys can handle.  Finding specialty attorneys for these types of cases will help you comply with all relevant rules and regulations and, if you are a victim of such wrongdoing, the will use the facts and laws to help you create the strongest case possible.

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Created on Jul 24th 2019 01:38. Viewed 415 times.

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