The After Hours series of Legal Alert video podcasts by Los Angeles Arent Fox partner Harry Johnson continues with Episode Nine. After Hours examines general employment law and labor-management issues, especially in California, and their significance for in-house counsel and human resources professionals, all with a humorous twist.
Electronic communications and their unintended disclosure have been in the news a great deal lately. In this episode, Harry addresses this theme in the context of employee and management emails that were discussed in a 2011 California case, Holmes v. Petrovich Development. Harry first covers circumstances where management email forwards may or may not be considered an adverse action. Next, he discusses the issue of privilege when an employee uses email from employer premises to communicate with the employee’s personal attorney about work issues. Here, he notes how the California courts differ with the recent New Jersey Supreme Court decision in Stengart v. Loving Care Agency. Harry concludes with proactive measures for employers to consider implementing so they can control usage and privacy expectation of emails on their own systems.
To view the ninth episode of After Hours, please click here.