Visual/Audio Recording

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Visual/Audio Recording

In our work place there are cameras, solely to watch the employees where the
recordings are being viewed off property and used to make sure employees are
doing their jobs. After a few weeks of working a few of us have learned there are
microphones as well. Do employees need to be informed of the cameras and
microphones considering we are a large store and that they are used primarily to
keep employees in check.

Asked on April 29, 2019 under Employment Labor Law, Florida

Answers:

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

Answered 2 years ago | Contributor

As a general rule, it is is perfectly legal for an employer to have video/audio surveillance in the workplace. Typically no explicit employee consent is required; if they are aware of such activity and continue their employment then their consent is implied. Further, there is no constitutional right to privacy if there is no "expectation of privacy". For instance, while an individual has such an expectation in their own home, courts have held that workers have no such expectation in the workplace. Consequently, employers have the right to install surveillance systems throughout the workplace. The only places that such systems are prohibited is in bathrooms, dressing areas and the like. Other than these areas, an employer is generally permitted to oversee and record any inside the office/common areas. That having been said, if an employer does not disclose audio surveillance then they are in violation of the law. In most states at least 1 party to asuch recording my give thier consent; in other states all parties to such recordings must consent. As to video suveillance without disclosure, this may violate specific state law.The best thing for you to do right now is to contact a local employment law attorney in your area. For an hour or so of their time, you can go over the details of your case and they can best advise you accordingly.


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