Can my employer record what we are saying at work?

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Can my employer record what we are saying at work?

We have a camera in the office which points toward the lobby. We recently have cause to believe that this is not just video, but also audio recording. My co-worker made an offhand comment and just hours later received an email regarding that comment. Is this legal?

Asked on August 12, 2019 under Employment Labor Law, California

Answers:

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

Answered 1 year ago | Contributor

In CA, the law is that all parties to a conversation must consent to its being recorded in order for it to be legal. That having been said, if the conversation takes place in a public area, such as a lobby, then the law does not apply since there is no expectation of privacy. So depending on exactly where the conversations are taking place matter. Additionaly, you need to check anything that you may have signed when hired as this type of recording may have been disclosed to you. If so and you still agreed to work there, then your consent can be implied.

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

Answered 1 year ago | Contributor

In CA, the law is that all parties to a conversation must consent to its being recorded in order for it to be legal. That having been said, if the conversation takes place in a public area, such as a lobby, then the law does not apply since there is no expectation of privacy. So depending on exactly where the conversations are taking place matter. Additionaly, you need to check anything that you may have signed when hired as this type of recording may have been disclosed to you. If so and you still agreed to work there, then your consent can be implied. 


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