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Steps to take before installing video surveillance at work

June 2022 employment law letter
Authors: 
Juliet S. Burgess, The Burgess Law Group

Q         We plan to install security cameras in the production area of our nonunion food packaging facility because of an increase in damaged product and safety incidents. Can we post signs at all entrances stating surveillance cameras are in use, or do we need to have each employee sign a waiver?

A   Generally, you may monitor most areas of the workplace as long as you notify employees in advance that you have recording devices and/or video cameras installed in public areas. That’s necessary to ensure workers have no expectation of privacy.

Employers typically communicate the video surveillance information to employees through a policy in the handbook that they’re required to sign at the start of employment. You also should post conspicuous signage anywhere the cameras are in use.

After giving advance notice to employees, many employers use video surveillance in public areas for legitimate business reasons, for example, to (1) minimize attendance problems, theft, and alcohol and drug use, (2) identify unsafe working conditions, (3) provide data security, and (4) assist with quality control. Many also use it to gather evidence of any crime that might have occurred at work.

Notably, you shouldn’t use video surveillance in areas where employees have a reasonable expectation of privacy (e.g., restrooms, locker rooms, changing rooms, showers, and lactation areas).

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