Employment, Labor and Benefits Alert: Ninth Circuit Reaffirms Need for Employers to Establish and Communicate Electronic Monitoring Policies


The Ninth Circuit Court of Appeals has confirmed that while employees may have a reasonable expectation of privacy in their workplace computers, an employer who has a policy of monitoring those computers may lawfully access that data and provide it to the government.

This Mintz Levin Alert emphasizes the importance of establishing a clearly communicated electronic monitoring policy that is consistent with federal and applicable state laws.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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