In most cases, yes — California employers may monitor employee use of company-owned systems, including email, internet usage, and workplace devices. However, monitoring must be implemented carefully.
Best practices include:
- Maintain a clear written electronic communications policy.
Employees should be informed in writing that company systems are subject to monitoring and that they have no expectation of privacy when using employer-owned equipment. - Apply monitoring consistently.
Targeted or selective monitoring, particularly after protected activity (such as a complaint), can create retaliation claims. - Comply with privacy laws.
California recognizes privacy rights under the state constitution. Employers should avoid accessing purely personal accounts unless authorized or clearly permitted under company policy. - Avoid monitoring protected activity.
Employers may not interfere with legally protected communications, including certain labor-related discussions under the National Labor Relations Act.
Clear policies and consistent enforcement reduce disputes regarding privacy expectations and strengthen an employer’s legal position if misconduct is discovered.
