Legal Question in Business Law in California

''Integrity checks''

Hello,

I work as a valet attendant in California. Apparently we have had problems with tip theft. ( We are paid an hourly wage and make tips, all tips are pulled, taxed, and distributed evenly ) The supervisors are now doing random integrity checks when the feel necessary to make sure nobody is stealing currency at any time. Does this not count for illegal search and seizure? A few female employees have been very embarrassed over this because they have ''feminine products'' in their pockets.

A little more information about the search:

1.Two persons are in the room

2.You must remove your Jacket and flip over and empty all pockets

3.You must take out your walled open all the flaps to show that you have no more than $10 in your wallet

4. you must flip out all pockets on your pants, and remove your shoes to make sure nothing is in your socks.

5. this is taking place at an idian casino.

Thanks for any information you can provide.


Asked on 1/13/08, 11:26 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: ''Integrity checks''

The Fourth Amendment prohibition is not against "illegal search and seizure" but rather against 'unreasonable search and seizure" and it only applies to governments, not private parties.

I would say that the searches you're describing are not per se unreasonable and since they are being conducted by private authority, the 4th Amendment wouldn't provide any protection anyway.

The fact that it is taking place at an Indian casino might possibly act to further take the issues out from under protections of the U.S. Constitution; in any event, it is not helpful.

I'm not saying that the employees are without any greivance or recourse, but it is hard to see what that is because nothing you describe seems obviously illegal (unconstitutional) or tortious.

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Answered on 1/14/08, 12:01 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: ''Integrity checks''

The ban on unreasonable searches and seizures applies only to the government, not to private entities like the casino where you work.

If the valets are union members and/or have written contracts, then there may be some contractual language that forbids the casino to do these things. It is also possible that there is some general employment law that forbids these policies, though I don't believe there is (and even if there is it might not be binding on an Indian reservation). Otherwise the searches are just a new job requirement which you can either accept and learn to live with or reject by quitting.

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Answered on 1/14/08, 12:44 am


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