Are employers allowed to videotape their employees?

In California, the answer to whether employers are allowed to videotape their employees depends largely on the context of the situation. Generally speaking, employers are only allowed to record their employees when it is for a legitimate business reason and the recording does not violate the employee’s reasonable expectation of privacy. If the employer is using the video to monitor productivity or efficiency, the video must be limited to areas where employees would not expect there to be a heightened measure of privacy, such as break rooms or common workspaces. When video surveillance is necessary, the employer must give clear notice to the employees that they are being recorded. If the employer is installing cameras in an area with a heightened expectation of privacy, such as bathrooms or a locker room, the employer must find a less intrusive way to accomplish the same goal, or they risk violating the employee’s right to privacy. Given the complexities of employment law in California, employers should always consult with legal counsel prior to initiating any kind of surveillance that could be interpreted as an invasion of employee privacy.

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