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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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What are the rules and regulations regarding monitoring of

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What are the rules and regulations regarding monitoring of company property such as computers and telephones for a company based in Los Angeles, California?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under CA law, both parties to any conversation must consent to have the conversation recorded or monitored. Thus, the company must give notice to not just the employees using the phones but also to anyone who is being called (usually in the form of the recording beep tone and a verbal warning that the call is being recorded) that the call is being recorded and monitored. Failure to do so can subject the company to civil fines and even possible criminal charges for illegal wiretaps.

Computers are a bit of a different story. There is limited expectation of privacy in using a company's computer or computer network and as such the company has a right to monitor all computer use on their computers and on their computer network and anyone using such a computer or network has no legal expectation that any activity on a computer or network that does not belong to them would be confidential or protected.

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Customer: replied 3 years ago.

Where might I find documentation to support the aforementioned? And can you prevent an employee from working if they should not be wearing the company uniform? Thank you :)

The recording statute is CA Penal Code 632.

As far as computers, the CA Supreme Court has held that an employee has a diminished expectation of privacy when using an employer's computer or networks. See: Tbg Ins. Services Corp. v. Superior Court, 117 Cal. Rptr. 2d 155, 96 Cal. App. 4th 443 (Cal. App., 2002).

As far as preventing them from working, employment in CA is at will and if the employer has a uniform policy they can indeed forbid an employee from working without the proper uniform. That is solely at the discretion of the employer.
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