Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Upon distributing these policies and practices, the employer shall require every affected employee to sign or electronically verify that he or she has read, understood, and acknowledges receipt of the policies and practices. If an affected employee to whom the policies and practices have been provided pursuant to this subdivision declines to sign or electronically verify that he or she has read, understood, and acknowledges receipt of the policies and practices, the employer may comply with the requirements of this subdivision by having the person who provided the policies and practices to the affected employee sign and retain a statement to that effect and provide a copy of that statement to the affected employee. By state regulatory authority, employers may listen in to telephone calls for quality assurance or security, but are required to insert a beep tone on the line, or a recorded message notifying the parties that their call is being monitored.
Federal law requires any monitoring cease once it is clear the call is of a personal nature.
Also, existing law permits employees to inspect their personnel files upon request. Privacy and monitoring policies issued by the employer would be required to include an employee's right to review any data about the employee and to dispute any inaccurate data collected or deleted by the employer. Employers would not be required to release files that are part of a criminal investigation. According to the author's office, there is no comprehensive framework of laws addressing privacy concerns in the workplace. The courts have consistently found that employers have a right to access all electronic files displayed on employees' computer screen or stored on the employees' hard drives and floppy disks.