California Federal Court Allows Workplace Searches (10/4/2007)

By Michael C. Saqui

In U.S. v. Ziegler (June 21, 2007), a federal court ruled that employees have very limited expectations of privacy in their private -- even locked -- workplaces. In a divided opinion, the court held that law enforcement agencies may search employee workspaces merely upon receiving consent of an officer of the company -- not of the employee himself. Additionally, a policy in an employee manual stating that employee computers are subject to monitoring may be sufficient to permit entry into an employee's office to copy a hard drive for use in a criminal prosecution.

COUNSEL TO MANAGEMENT:

Employers should remember that California has the nation’s strongest right to privacy, and California courts have refused to follow federal courts when they disagree with them. California employers must take precautions to lower employee expectations of privacy in order to make sure that they have the right to conduct work place searches. Employee handbooks should notify employees that all company property -- including private offices, desks, computer hard drives, vehicles and cell phones -- is subject to search by the employer or by law enforcement upon the employer's consent.

When in doubt about what to do when contacted by law enforcement about an employee, let law enforcement know that you want to cooperate, but need to involve your attorneys. Many times, compromises can be reached that will enable law enforcement to pursue its investigation while protecting the Company from potential liability.

The goal of this article is to provide employers with current labor and employment law information. The contents should neither be interpreted as, nor construed as legal advice or opinion. The reader should consult with Saqui & Raimondo at (831) 443-7100 in Salinas, or (916) 782-8555 in Sacramento for individual responses to questions or concerns regarding any given situation.