Can my employer use audio surveillance?

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Can my employer use audio surveillance?

I work at a restaurant that installed surveillance
cameras a few months ago. I recently found
out the cameras have audio surveillance. Is
that legal for them to listen to us?

Asked on January 18, 2019 under Employment Labor Law, Oregon

Answers:

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

Answered 2 years ago | Contributor

First of all, is the use of audio surveiallance disclosed in any papers that you may have signed upon hire? If so, and you chose to work there anyway, then your consent as to a policy of audio recording can be implied. If not, then the general rule in OR is that a conversation may only be reocorded if all parties to it give their consent. That having been said, there is an exception. If the conversation takes place in a public area, then there is no "expectation of privacy" so audio equipment can be used. And a restaurant is considered to be such an area.


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