July 8th, 2010 
James Peters If you have not heard about this, a Best Buy employee recently got into trouble for creating and posting a video poking fun at the iPhone and Apple in general.
Although the video was more of a parody based on observations about iPhones and those who buy them, Best Buy understandably did not take kindly to an employee publicly criticizing one of its major customers (and also… Continue reading
September 25th, 2009 James Peters The Los Angeles Times recently reported on a new bill headed to Governor Schwarzenegger for possible signature (though I believe it is likely to be vetoed) generally prohibiting California employers from requiring applicants to allow them to examine their credit report as part of the application process.
The new California employment law would allow employers to do checks on employees who handle large amounts of money or other sensitive positions. While I recognize that in these situations there may be some correlation between a history of poor financial choices and the ability to do certain jobs, in today’s economy the usefulness of this information is, in my opinion, declining at the same time employers’ use of it as a hiring tool seems to be increasing. Continue reading
February 6th, 2008 James Peters Apparently there is a new game show out called “Moment of Truth” that gives contestants a lie detector test before the show and then the host asks them the same questions on the air. If the contestant’s answer on the air is different from the results of the polygraph, they lose (up to $500,000).
Questions include topics such as whether the contestant has cheated on their spouse, wishes to… Continue reading
January 24th, 2008 James Peters Well, the California Supreme Court finally released its opinion in Ross v. Ragingwire Telecommunications, Inc., S138130, today and I have to say I am disappointed with the opinion, although I think the dissenting opinion was completely on the mark.
The Court decided that employers can terminate employees in California who use medical marijuana with a doctor’s prescription for a valid medical reason and not be held liable for doing so… Continue reading
November 12th, 2007 James Peters Sometimes employees use their employer’s e-mail address or computer to contact us. This is understandable, especially for long-term employees who spend most of their waking time at work or using a company-issued computer at home.
The problem is that using an employer’s computer or e-mail address to communicate with your attorney might mean these communications are not confidential and may have to be divulged in future litigation… Continue reading
November 7th, 2007 James Peters Yesterday the California Supreme Court heard arguments in Ross v. Ragingwire Telecommunications, Inc.
In this case, the employee was refused employment because his pre-employment drug test came back positive for marijuana. The employee had been using medical marijuana at the direction of his physician to deal with lower back strain and muscle spasms.
Under California’s Compassionate Use Act, patients cannot be prosecuted under state law for using or possessing… Continue reading
January 12th, 2007 James Peters There are rumors circulating at work that our boss is spying on employees with video surveillance. Is that legal?
A: The answer to your question is: it depends. Whether or not video surveillance at work is illegal depends largely upon the facts in a given situation. The main question is whether or not you have a “reasonable expectation of privacy”… Continue reading
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