Can an employer install cameras with audio and record without consent?

UPDATED: Sep 30, 2022

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Can an employer install cameras with audio and record without consent?

My employer installed security cameras a few months ago and I have notice and asked the installer if it records audio. He said yes and mention it was against the law without consent. The installer said he was going to unplug it but it looks plugged in again. I work in the medical field.

Asked on August 10, 2017 under Employment Labor Law, California


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

Answered 5 years ago | Contributor

CA is what is know as an "all party" consent state. This means that everyone who is part of the conversation that is to be recorded must first give their consent. The exceptions to this are if the parties to the call are clearly notified that the conversation will be recorded (e.g. your employer posts a sign) and they engage in the conversation anyway or the recording takes place in a public area (e.g. workplace lobby, hallways, etc.) so that there then is no "expectation of privacy". 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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