Question: I work for a company of less than 50 employees. We regularly send mail to each other through e-mail, and we have access to the Internet.
Is it legal for my employer to review messages sent out on the Internet that may be personal in nature?
--S.B., Newport Beach
Answer: The privacy issue that you raise is a hot topic in the legal community, but no clear rules have emerged from the courts yet. On the one hand, California privacy law provides some protection for an employee's reasonable expectations of privacy in the workplace. Moreover, statutory prohibitions on eavesdropping and wiretapping provide some privacy protection for electronic communications.
On the other hand, employers exercise substantial control over equipment and communications at their places of business. Eventually, some clear rules may be established. Until that happens, you should assume that electronic messages generated or received at your office--including voice-mail--are not confidential and may be reviewed by your employer. (Government investigators and parties involved in litigation with your employer may also be able to obtain your messages.)
I suggest you find other ways to exchange private messages. For example, use your home computer to access the Internet via an on-line service, such as America Online, CompuServe or Prodigy. Communicate with your fellow employees in person or by written notes.
--Calvin House, attorney
Fulbright & Jaworski L.L.P.
Adjunct professor, Western State University College of Law
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Question: I work for a grocery company, and mine is a union job. On the annual bid, there are a few floating positions. During the course of the year, schedules for the positions fluctuate and the employees could end up working seven to nine consecutive days. Also, by mutual consent, employees will trade days off and will also end up working seven to nine consecutive days. My question is: How much overtime pay, if any, is the company responsible for?
--J.W., Costa Mesa
Answer: There are many exceptions to the overtime rules. In most situations, a union worker is not subject to the state or federal overtime rules if the collective bargaining agreement provides 1) cash straight time wage rate of at least $1 an hour above the state minimum rate and 2) premium rates for overtime work. The premium rates can be a set figure or a multiple of the straight time rate as similar to the state or federal rules.
