If you are considering using video cameras or other surveillance in your workplace, state law might have something to say about it. There are many reasons you might want to use video cameras in your workplace – employee safety, insurance benefits, customer service quality assurance, to name a few. However, don’t forget that state law may restrict your ability to use video surveillance.
First: Where Can You Put a Device?
Some state laws restrict where you can place cameras in the workplace. For example, in California, employees have an explicit right to privacy in restrooms, locker rooms, and other rooms designated by the employer for changing clothes. Accordingly, California employers may not utilize cameras in those spaces. Moreover, in West Virginia, you cannot install cameras in areas “designated for the health or personal comfort of employees” or for safeguarding their possessions, such as locker rooms and employee lounges. Be sure to check your state law to see if there are any video camera location restrictions in your state, and be careful to follow them closely.
Second: Do Your Employees Have a Right to Privacy?
State law often protects individuals’ “right to privacy.” This can mean different things in different states, but generally courts look at whether the person had a “reasonable expectation of privacy” at the time of the surveillance and whether the employer had a legitimate business interest that outweighed the expectation of privacy. If an employee has...
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