An Apple employee is suing the company over claims that it requires employees to waive their right to privacy and subjects them to surveillance.
According to a report on The Verge, Apple employee Amar Bhakta has accused the company of accessing employee data through company-managed devices, including personal iPhones, which the company “actively encourages” workers to use.
Even though Apple allows employees to use an Apple-owned device for work, the lawsuit says the company pushes users to bring their own iPhones to work, where Apple’s internal software manages them. Under company policy, the data linked to these Apple-managed devices, including emails, photos, videos, notes and other information, is subject to search by Apple, according to the lawsuit.
Allegations of Apple Surveillance and Suppression of Speech
Bhakta claims that workers using their personal devices must link their personal iCloud accounts to the company as well, allegedly allowing Apple to collect an employee’s location data and other information even when they are not on the job.
The lawsuit also claims that Apple violates California law by requiring employees to agree to a policy that allows it to “engage in physical, video and electronic surveillance” of employees and gives it the ability to search Apple and non-Apple devices on company premises, which in some cases could allegedly involve a worker’s home office.
The Verge has previously reported concerns about data privacy among Apple workers who were forced to link their personal accounts and devices to their jobs. Apple is well known for its high level of secrecy around its work and new product launches. Other companies, such as Amazon and Google, have also faced similar allegations of surveilling employees.
Bhakta is suing Apple for “illegal” wage claw-back policies and claims that the company suppresses employee speech. Bhakta specifically cited incidents where his employer allegedly forbade him from publicly speaking about his experience in digital advertising and forced him to remove information about his work at Apple from his LinkedIn profile. Last month, the National Labor Relations Board accused Apple of prohibiting employees from talking about pay equity. Apple has denied these and other allegations.
What Do California Laws Say About Surveilling Employees?
California has some of the strictest privacy laws in the United States. These laws are designed to protect individuals’ rights, including employees, from excessive surveillance. Employers are allowed to monitor employees within certain limits, but they must comply with state and federal laws that safeguard privacy and prevent misuse of surveillance data.
Here are some of the key provisions of California laws that have to do with employee surveillance:
Expectation of privacy: Under California law, employees have a reasonable expectation of privacy in certain areas, such as restrooms, locker rooms, and other spaces designated for personal use. Surveillance in these areas is strictly prohibited.
Consent requirements: California is a two-party consent state under the California Invasion of Privacy Act (CIPA). This means employers must inform and obtain consent from employees before recording telephone conversations or monitoring audio in the workplace.
Notification of monitoring: While not always legally required, it is best practice for employers to disclose surveillance practices to employees, including the use of video cameras, monitoring software, or GPS tracking. Transparency reduces potential claims of invasion of privacy.
Use of surveillance data: Employers are limited in how they can use surveillance data. Information obtained through surveillance cannot be used for discriminatory purposes or in violation of employee rights.
Electronic communication: Employers may monitor workplace communication systems, such as email or company-provided devices, provided employees are informed. However, monitoring personal devices or accounts without consent is prohibited.
Specific Laws That Address Surveillance of Union Activities
In California, union activity surveillance is subject to state and federal laws that protect workers’ rights to organize and engage in union activities without interference from employers. The National Labor Relations Act (NLRA), enforced by the National Labor Relations Board (NLRB), guarantees employees the right to engage in union activities, such as organizing, bargaining, or discussing union matters, without employer retaliation or surveillance.
Under California law, surveillance of employees engaged in union activities may be seen as an unlawful attempt to intimidate or discourage union participation. Employers are prohibited from using surveillance to monitor or interfere with workers’ organizing efforts because it can violate the California Labor Code and the NLRA. Any monitoring that intimidates, coerces, or retaliates against employees for their union involvement could lead to legal consequences, including unfair labor practice charges. Employees who believe their union activities are being surveilled unlawfully can file complaints with the NLRB or the California Labor Commissioner.
What to Do If Your Employer is Violating Surveillance Laws in California
If your employer is violating surveillance laws in California, it is important to take proactive steps to protect your privacy and ensure that your rights are upheld. California has strong privacy laws that govern the use of surveillance equipment in the workplace. Violating these laws can result in significant consequences for employers.
In California, employers are prohibited from recording or monitoring employees in situations where they reasonably expect privacy, such as restrooms, locker rooms, or break rooms. Additionally, any video surveillance must be clearly disclosed, and employers cannot monitor employees’ activities without their consent, especially if the monitoring occurs outside of work duties or in private spaces.
If you believe that your employer is violating surveillance laws, a good first step is to document the situation. Take note of what type of surveillance is being conducted – whether it is video monitoring or audio recording. Also, document where and when it occurs and any specific company policies regarding surveillance. If possible, gather evidence or witness statements to support your claims.
Check your company’s employee handbook or other internal documents for surveillance policies. Employers must inform employees if surveillance or monitoring is taking place, and if those policies were not clearly communicated, that could strengthen your case. If you feel comfortable, raise your concerns directly with your employer. Sometimes, employers may be unaware of the violation or may be willing to rectify the situation once they are informed.
If speaking to your employer does not resolve the issue, you can file a complaint with the California Department of Industrial Relations (DIR) or consult with an employment lawyer to better understand your legal options. If the violation is serious, especially if it involves illegal eavesdropping or invasion of privacy, it is crucial that you speak with an experienced California employment attorney who can help you understand your legal rights and options.
Bisnar Chase has a dedicated department dealing with employment issues and employer violations. Our team has an outstanding track record; contact us now for a free consultation.
Source: https://www.theverge.com/2024/12/2/24311060/apple-employee-surveillance-lawsuit
