A lot of people believe that marking an email “Privileged and Confidential” is what makes it protected. The label does nothing. In California, attorney-client privilege depends on purpose and confidentiality, and it breaks down in predictable operational ways. The most…
Artificial intelligence is now embedded across the employment lifecycle. Resume screening, interview recording, productivity monitoring, performance analytics, and termination risk modeling are all in use. In California, the risk is not just whether a decision was fair. It is whether…
Your employer started using an AI notetaker on Zoom calls. A bot joins every meeting. It records. It transcribes. It summarizes. You said something in a meeting last month that you now wish you had not. You want to know…
“I’m not a lawyer, so I put all my HR documents into ChatGPT to figure out if I have a case. It told me I did.” That is a real pattern. Here is the problem. Attorney-client privilege under California Evidence…
Most California employers think of the California Consumer Privacy Act as a consumer-data law – something that applies to website visitors and customer information. The new CCPA risk assessment regulations, enacted in fall 2025, reach directly into the employment relationship…
Employers have been told for years that as long as a human makes the final call, AI tools used to get there are legally neutral. That assumption is about to collide with California law in a way that will be…
“I used an AI tool to think through the situation before I responded. Nobody else saw it.” Except, in litigation, they might. AI chat logs are not automatically confidential. Courts are increasingly treating them like other business communications. A conversation…
Most employers using AI in hiring assume the vendor carries the legal risk. The vendor agreement probably says otherwise, and California’s regulatory framework makes it even clearer: the employer owns the workflow. The California Civil Rights Department (CRD) has issued…
“We told them about it in the handbook” is the line that does the least work in the lawsuit. Productivity monitoring software — keystroke logging, screen capture at intervals, idle-time scoring, application-use tracking — has moved into small-business operations. A…
Belief: if your HR or benefits-plan vendor has a SOC 2 report, your employee data is covered. A SOC 2 report is a point-in-time snapshot of a vendor’s controls, scoped and methodology-dependent. It is not a guarantee, and it does…
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