SURVEILLANCE - VIDEO CAMERA

Jackie

Are there any legal no-no's if we want set up a video camera to record employees punching a timeclock? This is an open area in the plant, not locker room or bathroom area.

Any pitfalls?

We don't have any other recorders in any other areas.

Down_the_Middle

Without knowing your physical plant lay-out and the exact locations of time clox, it's difficult to answer your question. Video surveillance, while becoming more common, is still being tested in the courts for violation of the privacy issue. While more and more courts view video taping to be acceptable in open or public areas, I would check with your state laws or local counsel to determine if they are more restrictive. The issue, I think, becomes one of being overly instrusive to the person being video taped. Before doing this, I'd recommend developing a written policy for employees to understand, announce it to all new hires and then follow what you say. Finally, have a legitimate business need b/4 you embark on this venture. Video is often requested by supervisors who want someone else to monitor employee performance or simply want to be curious and that can become a deep, dark hole. The federal Electronic Communications Privacy Act (ECPA) may offer some addt'l assitance.

System

Your safest bet is to tell employees that the camera is there, and don't hide it. That'll make it hard for employees to say they had a reasonable expectation of privacy in that area.

And you can avoid a lot of legal risks by having the camera record video only, and no audio. If you record audio, you have to worry about federal and state wiretapping laws.

For general information on privacy, you might want our HR Quick List reference book, which covers privacy in its Investigations chapter. Information is at [url]http://www.hrhero.com/hrquicklist.shtml[/url] .

We also have an in-depth Executive Special Report on the topic: "Employee Privacy Rights & Wrongs." Information is at [url]http://www.hrhero.com/special.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers