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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association


 
 

April 2008     MCLE Test and Answer Sheet

Test No. 169: Office Watch

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
 Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. In California, a search by a supervisor of an employee's office will be justified at its inception when reasonable grounds exist that the search 1) will uncover evidence of the employee's work-related misconduct, or 2) is necessary for a work-related purpose unrelated to an investigation, such as to retrieve a file.
 True.
 False.

2. Under California law, audio or video surveillance of employees in rest rooms, locker rooms, or rooms designated for changing clothes is prohibited unless authorized by court order.
 True.
 False.

3. Under California law, a confidential communication between parties may be tape recorded if only one party consents to the taping.
 True.
 False.

4. The Electronic Communications Privacy Act of 1986 has been an effective vehicle for employees asserting privacy claims against their employers.
 True.
 False.

5. The California Supreme Court has held that Article I, Section 1, of the California Constitution creates a private right of action against private parties.
 True.
 False.

6. To succeed on a California constitutional right to privacy claim, a plaintiff must establish:
 A. A legally protected privacy interest.
 B. A reasonable expectation of privacy under the circumstances.
 C. Conduct by the defendant constituting a serious invasion of privacy.
 D. All of the above.

7. Employers can diminish an individual employee's expectation of privacy by clearly stating in a policy that electronic communications are to be used solely for company business, and that the company reserves the right to monitor or access all employee Internet or e-mail usage.
 True.
 False.

8. Employer searches of an employee's office in California will be permissible when the measures adopted for the search are reasonably related to the objectives of the search and not excessively intrusive in light of the nature of the suspected employee misconduct.
 True.
 False.

9. Employees do not have a reasonable expectation of privacy regarding their purses or automobiles.
 True.
 False.

10. An employer that conducts a nonconsensual physical search risks being held liable criminally and civilly for battery.
 True.
 False.

11. Courts generally prohibit surveillance of workers when they do their jobs in an open and undifferentiated workspace.
 True.
 False.

12. Employers today use which of the following methods to monitor employees?
 A. Packet sniffers.
 B. Desktop monitoring.
 C. Video surveillance.
 D. All of the above.

13. California Penal Code Section 632 defines a "confidential communication."
 True.
 False.

14. Workplace surveillance in California is governed by:
 A. Federal law.
 B. State law.
 C. Constitutional protections.
 D. All of the above.

15. A public employer that uses video surveillance to target areas in which employees have a reasonable expectation of privacy may be in violation of the Fourth Amendment.
 True.
 False.

16. An employer may defeat its employees' reasonable expectation that they will not be strip searched by announcing in advance that all employees will be subject to periodic strip searches.
 True.
 False.

17. Employee surveillance is a mandatory subject of collective bargaining in certain circumstances.
 True.
 False.

18. An employer may engage in the surveillance of employees involved in union organizing activities without fear of being found to have committed an unfair labor practice.
 True.
 False.

19. It is impermissible for an employer to make a visual inspection of cars in the employer's parking lot.
 True.
 False.

20. An employer's computer use policy can affect whether an e-mail sent by an employee on a work computer to his or her attorney is protected by the attorney-client privilege.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
  
 

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