Are employers allowed to have audio surveillance in the workplace?

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Are employers allowed to have audio surveillance in the workplace?

I work in a bar. Is it also violating customers rights because the owners son is listening in on conversations.

Asked on November 8, 2017 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In PA, all paries to a conversation must consent to a voice recording being made in order for it to be legal. However, in the workplace, if employees are notifed that a recording is being made then they are deemed to have given implicit permission for such a recording. Further, there is no “expectation of privacy” in public areas such as a restaurant. Therefore, since a bar is a public place, workers as well as customers can legally be recorded even if they have not consented to such. As creepy as this eavesdropping may be, it is not against the law. To be certain of your rights under specific state law, you can contact your state's department of labor and/or consult directly with an employment law attorney in your area, they can best advise you further.


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