Is a visible camera legal in a locker room, break room and/or time clock area?

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Is a visible camera legal in a locker room, break room and/or time clock area?

At out place of employment in an industrial industry. Where drivers come in to the building, use the time clock, walk to the locker or break room table. Note the time clock has lockers across from it and all around the break table. If paperswere brought in by a employee that could be used against him or her and caught on the camera film can this be used against the employee if the camera is illegal to have in this combined area?

Asked on July 8, 2016 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A video camera may be placed anywere but where it is reasonable or normal to believe employees would be undressed or using the facilities. So there could not be a camera is a locker room, even if there is also a break table in it, unless there is some physical screen or barrier between the part where employees change and where they would not be in a state of undress. 
Note that even if a camera is in an inappropriate area, anything caught on film could be used against the employee: this is not a government/police search, and the 4th amendment, for example, does not apply. If a private citizen or employer invades another's privacy and, in the course of doing so, sees or records damaging behavior or damaging material, that behavior or material may be used against the person filmed; at the same time, the person filmed may have a legal action against the one who filmed him or her inappropriately. But being able to sue or file a criminal complaint against being filmed while undressed, for example, does not invalidate the behavior, etc. caught on film or prevent it from being used.


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