Is It Legal To Install Cameras in the Workplace for Surveillance?

Generally, it’s legal for your employer to use video cameras in the workplace. No federal or state law absolutely prohibits the practice, and there are many reasons why cameras can be beneficial, such as monitoring the security of employees and customers.

However, there are important limits on where employers can install surveillance cameras and the purposes for which employers can use them. In some cases, an employee’s expectation of privacy outweighs an employer’s interest in surveillance.

If you have questions about the video surveillance system in your workplace or want to learn more about your employee rights regarding cameras in your work environment, contact an experienced employment lawyer.

Understanding Workplace Surveillance

Proper use and management of workplace surveillance can benefit both employees and employers. Employees benefit from increased security and safety but have their own privacy concerns that take priority.

Because there is no comprehensive federal law regulating workplace surveillance using cameras in the U.S., a wide range of state laws govern most privacy and workplace monitoring policies.

Legal Framework for Installing Cameras

Workplace surveillance laws vary by state, and a couple of federal laws are also relevant in some workplace surveillance situations.

Federal Law

No federal law specifically governs the use of video monitoring in the workplace. However, a couple of federal laws are relevant to video surveillance cameras in the workplace:

• Federal wiretap laws prohibit employers from monitoring or recording some employee communications. This may restrict the use of audio recordings in video cameras.
• Section 7 of the National Labor Relations Act (NLRA) has been interpreted to protect employees from employer surveillance technologies that monitor union meetings or other protected activities.

State Laws

Without a federal law on workplace video surveillance, states follow different rules. Several states have laws explicitly addressing video surveillance. For example, California, Connecticut, Delaware, and New York prohibit video or audio surveillance in certain workplace areas, such as restrooms or break areas.

Some states, such as Connecticut, also require employers to notify employees if they are using any cameras in the workplace. If you are concerned about video surveillance at your job, an employment law attorney can help you understand the specific laws in your state. Another way to get informed is by contacting your state’s labor department about workplace surveillance laws.

Using Audio Recordings in the Workplace

Most states have wiretapping laws prohibiting employers from monitoring or recording certain employee communications. If your employer uses video cameras that can record audio, they might risk violating your state wiretapping laws or the federal wiretapping laws mentioned above.

However, as Christopher Lenzo, employment law attorney at Lenzo & Reis in Morristown, New Jersey, says, “Wiretapping laws are only relevant where there is a communication. So, wiretapping laws are applicable if an employer is listening in on employee communications without disclosure,” but not if they are simply tracking location or employee activity.

States also have different rules for getting consent when recording conservations. Most states have one-party consent. This means you can record a conversation you are part of without the other person’s consent. Other states have two-party or all-party consent. In these states, you must get the permission of everyone else in the conversation to record. If your employer is in a two-party consent state and tries to record audio without employees’ consent, they may be acting illegally.

Employee Privacy Rights

What if you don’t live in a state with laws addressing workplace surveillance? Even without explicit state laws, courts typically weigh two factors to determine if the use of video surveillance was justified.

Employees’ Reasonable Expectation of Privacy

First, courts will ask if the employee had a reasonable expectation of privacy. A reasonable expectation of privacy means that people have the right to be left alone at certain times and places. We expect privacy in many places, such as in our homes. What about in the workplace? Some workplace spaces are considered public areas, and there is no reasonable expectation of privacy in common areas. Areas like this include a lobby or front desk.

However, other areas would be off-limits to surveillance cameras, such as restrooms, locker rooms or changing rooms, and employee lounges or break rooms. Courts will consider whether an employee reasonably expected privacy when they were monitored. If so, the employee’s privacy was invaded.

Legitimate Business Purpose

The second factor that courts will consider is whether the employer had a legitimate business reason for surveilling employees. Legitimate grounds might be:

• For security purposes
• Monitoring employee productivity
• Preventing internal theft

Weighing the Factors

Courts will weigh these two factors against each other to determine if a particular instance of surveillance violated an employee’s privacy. These cases can be very fact-specific. An attorney can help you determine the best supporting evidence. For example, consider the following:

• Does your employer have any policies about surveillance or the use of cameras?
• Did the employer communicate the policies to employees?
• Did the employer notify employees about the use of cameras or get permission?
• Where does your employer keep cameras in the workplace?
• What activities did the employer monitor or record?
• What does the employer do with video recordings?
• Can the cameras take audio recordings?

Other Workplace Surveillance Technologies

Beyond cameras, some employers now use wearable technologies that “measure how many steps employees take or how many bathroom breaks they take–very invasive stuff,” Lenzo says.

Other employee surveillance methods include keystroke technologies that track what employees type or search on their computer and biometric technologies such as face imaging for access to buildings or company information. With both established technologies like CCTV security cameras and newer, more invasive technologies like biometrics or artificial intelligence, surveillance issues will continue to develop and expand.

Lenzo says these new workplace technologies will continue to challenge us to “strike the balance between human rights, technology, and employer rights.”

Best Practices for Employers

Employers may consider the following best practices concerning any cameras in the workplace:

• Transparency. Communicate the purpose of the surveillance (and the type of surveillance) to employees.
• Maintain clear policies. Ensure policies comply with all applicable laws.
• Limit monitoring to business purposes. Avoid excessive surveillance and limit monitoring to activities directly related to business needs, such as productivity, compliance, or security.
• Regularly update practices and provide training. Educate employees and managers about the surveillance policy.

Finding the Right Attorney for Your Needs

If you have experienced an invasion of privacy in the workplace, you may be wondering about your legal options. An experienced employment law attorney can give you legal advice on your state’s privacy laws and strategize about the best course of action.