Video cameras

Tod

We have a real problem with employee theft in all of our facilities, and would like to install non hidden cameras in the public areas (i.e. Living room, kitchen, storage area, and exits) in each home to monitor theft, and sleeping while on duty. Is there any California law that would stop us from doing so. We have verbally anounced the desire to so to all the employees.

Phil Dickinson

I am not aware of a California statute that deals expressly with this type of video surveillance. However, accompanying recording of voice would invoke federal and California laws on electronic privacy.
The California Constitution's right to privacy has been applied to both public and private-sector employees. Tort law also protects privacy. However,employees generally must have a reasonable expectation of privacy before there is any infringement of their rights. That expectation may be diminished by clear notice. Courts also balance the interests of the parties, including management's concern about a real theft problem.
Court decisions generally hold that video surveillance of common or public work areas is permissible, especially with notice. Where employers have run into problems is when they, security personnel, or other people under their control, surveil restrooms, locker rooms, changing areas, and the like, where the normal person would expect some privacy. These decisions should be considered when determining whether cameras in nonwork areas are appropriate.
Now the plug for my pamphlet on employee privacy rights, published by M. Lee Smith. Link on [url]http://www.hrhero.com/special.shtml#privacy[/url]

Phil Dickinson

Let me add one more comment: Assuming the video surveillance itself is appropriate, employers also should be concerned about who sees the material and how it is used. For example, someone caught sleeping in the warehouse may not have an expectation of privacy as to beeing seen on camera, but they may have an expectation that this image will not be shared with people who have no need to know.

Gillian

I'm in California. The legal advice is pretty much on target, but I would recommend that you contact a California attorney before you do anything. California is one of seven states in which residents have a constitutional right to privacy. Further, a state law prohibits video surveillance of employees in restrooms, locker rooms or rooms designated for changing clothes except by a court order (Labor Code 435). My reference material also states that not only should employees be notified that monitoring will take place but that they should consent in writing.

Tod

Your comments are very much appreciated. It will probably get srticky no matter what we decide to do.

Theresa Gegen TX

Tod,

What kind of business are you in?

The fact that you describe the facility as a "home" may bring up additional privacy concerns. Not only will you have to worry about the privacy of employees, but it seems like you might have to worry about the privacy rights of the residents. (Assuming that the facility is a type of group home).

I would consider getting legal advice on this one!

Good Luck!