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Course description: Twenty-first century employees are more likely than ever to use e-mail, text messaging and social networking sites. At the same time, companies provide increasing access to computer hardware and software to their employees. Federal and California state case and statutory laws with regard to employee privacy, medical information and workplace safety pose increasing risks of liability. Employers are caught in the middle of the debate over whether and under what circumstances they can access and use information on social networking sites in connection with employment-related decisions. This presentation examines how policies and practices concerning social networking can provide protection and create pitfalls under California and Federal laws regarding hiring, disciplinary actions, sexual harassment, rights to privacy, disability, and medical condition laws.
About the Presenter:

Roberta S. Hayashi, Berliner Cohen partner and head of the firm’s Employment Law Group and Litigation Department
Roberta S. Hayashi has over twenty-five years experience representing and advising employers in employment and business litigation. She has extensive experience in state and federal court trials and administrative proceedings involving claims of wrongful termination, discrimination and harassment, and misappropriation of trade secrets and proprietary information. She litigates employment cases and counsels clients out of the firm's Merced and San Jose offices. Berliner Cohen's San Joaquin Valley clients represent a variety of industries, and include manufacturing and agricultural businesses such as dairies, growers, and food processors. Ms. Hayashi has received numerous honors: The Daily Journal’s “Top 50 Women Litigators” in California; the Santa Clara County Bar Association’s 2009 Professional Lawyer of the Year; and the Silicon Valley/San Jose Business Journal’s 2009 Women of Influence in Silicon Valley.
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