Can employers use video monitoring in the workplace?
For the most part, yes. Video monitoring is a commonplace method of deterring theft, maintaining security and monitoring employees. For example, a bank may utilize video monitoring to prevent or collect evidence on a robbery. A company may also use video monitoring in a parking garage as a security measure for employee safety.
Employers may also use cameras to monitor employee productivity and prevent internal theft. Currently, federal law does not prevent video monitoring even when the employee does not know or consent to being monitored.
Are there situations where an employer cannot use video cameras?
In some instances, courts have upheld employee privacy. Specifically, courts have sided with employee privacy in instances where the monitoring has been physically invasive, such as hidden cameras in a locker room or bathroom. See National Workrights Institute’s Electronic Monitoring in the Workplace: Common Law & Federal Statutory Protection for a more in-depth discussion.
There are some state laws (such as Connecticut’s Gen Stat 31-48b) that have restrictions on where, how and why an employer may videotape employees.
Labor unions may negotiate limitations on video recordings of unionized workers. In 1997, the National Labor Relations Board ruled that surveillance was subject to mandatory bargaining, meaning a union must agree to any monitoring of unionized workers. This includes the use of hidden cameras. Read the National Labor Relations Board Advice Memorandum on this case. Union members should speak with a union representative if they have concerns about workplace video monitoring.