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Employee Privacy: California

Employee Privacy requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jennifer K. Achtert, Fisher Phillips

Summary

  • California recognizes claims for invasion of privacy. See Invasion of Privacy.
  • California has specific requirements for criminal record checks, credit checks, monitoring of telephone conversations, and other areas. See Eavesdropping and Recording Conversations; Application Inquiries and Background Checks.
  • California imposes additional requirements regarding employee privacy that go beyond those of the federal government. See Testing of Employees and Applicants; Social Security Numbers.
  • In California, employers are prohibited from requesting or requiring that employees and applicants provide their the social media user names and passwords or gaining access to their personal social media websites. Employers may not discharge, discipline or otherwise retaliate against an employee or applicant for refusing to provide such information. See Social Media Privacy Protection.
  • The California Consumer Privacy Act grants a California resident the right to request that a business that collects a consumer's personal information to disclose to that consumer the categories and specific pieces of personal information the business has collected. See California Consumer Privacy Act.
  • Localities including Los Angeles, Richmond and San Francisco have requirements pertaining to employee privacy. See Local Requirements.