The California Constitution affords every employee a constitutional right to privacy. While ever-changing technology may allow employers to monitor employees’ on-duty and off-duty behavior, this may raise complicated legal and practical concerns. California employers must strike the right balance between their obligation to provide employees with a safe workplace (including their “need to know” who their employees are and what they are up to) and the privacy rights of applicants and employees. This session addresses issues related to pre-employment screening, employee monitoring, the use of social media, and employer electronic device policies in California.