An Administrator's Guide to California Private School Law

Chapter 10 - Privacy Rights Of Students And Employees

automatic collision notification and provide in-vehicle early warning prevention alerts. 1793 Additionally, built-in vehicle telematics systems can be used to identify electronic or vehicle maintenance problems and provide information to the manufacturer and owner. 1794 While a school is allowed to track the use of vehicles it owns or leases, it should implement this technology only where it has a legitimate business reason for doing so, and in a manner that puts employees on notice that they will be monitored. This should help the school avoid any arguments by employees that it is violating their privacy rights. Employers should implement written policies that inform employees that their use of the employer’s vehicle will be monitored. The written policy should also discuss some of the business reasons for monitoring employees, such as measuring productivity, locating stolen vehicles, providing aid to vehicles that break down, or ensuring that employees are following their routes or assignments. J. I MMIGRATION A GENTS ’ A CCESS TO THE W ORKPLACE The Immigrant Worker Protection Act, effective January 1, 2018, places significant limitations on an employer’s ability to cooperate with federal immigration authorities, and imposes fines for violating those limitations. The Act prohibits an employer from permitting an immigration enforcement agent entry into nonpublic areas of the workplace, unless they have a judicial warrant, or as otherwise required by federal law. 1795 This Act also prohibits an employer from permitting an immigration enforcement agent to access, review, or obtain employee records, unless the agent provides a subpoena or court order, or as otherwise required by federal law. The only exception to this is that immigration enforcement agents must have access to the I-9 Employment Eligibility Verification Form, if they have provided a Notice of Inspection to the employer. However, on July 5, 2018, a United States District Court determined that the Act’s restrictions on employer consent to warrantless searches was unconstitutional. 1796 The matter is currently on appeal. The Act also sets forth certain notice requirements that were not affected by the recent United States District Court decision. The Act requires employers that receive a Notice of Inspection of I-9 Employment Eligibility Verification form from federal immigration enforcement agents, to post a notice to the affected employee and his or her authorized representative, if any, of the inspection within 72 hours of the employer receiving the Notice. The posted notice to the employee and his or her representative must contain the following information:  The name of the immigration agency conducting the inspections of I-9 Employment Eligibility Verification forms or other employment records.  The date that the employer received notice of the inspection.  The nature of the inspection to the extent known.  A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms for the inspection to be conducted. 1797 A template for this notice is available on the Department of Industrial Relations website at: https://www.dir.ca.gov/DLSE/Notice_to_Employee.html.

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