Hernandez v. Hillsides, Inc.

California Supreme Court decision in Hernandez v. Hillsides, Inc.


The California Supreme Court unanimously held that the mere placement of a hidden video camera in an employee's office could constitute an invasion of privacy.

The decision explores the issues between the extremes of monitoring employees. At one end is the placement of a camera in a private and intrusive location like a bathroom. At the other is the public and open location like the register at a retail store.

The California Supreme Court held that the employees had a reasonable expectation of privacy in their semi-private office. The Court found that the employees had a reasonable expectation they would not be secretly videotaped in their office because employees generally have this expectation in nonpublic work areas unless the employer puts them on notice to the contrary.

In the facts of this case, the employer was not found liable. The Court's discussion provides some great pointers for an employer who is thinking of using video surveillance in the workplace.

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Reference Info:Decision | State, 9th Circuit, California | United States

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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