Video monitoring is a fact of modern living. Private companies and municipalities routinely install video monitoring equipment in public spaces.  It’s important to also understand that your employer may also keep you under video surveillance, too.

Surveillance devices, such as cameras are frequently used by employers to conduct specific internal investigations and/or to monitor employee behavior generally.  Are there limits to this?

Yes.

The general rule is that an employer may photograph employees in “plain view.”, at work stations during work hours, for “motion studies” or as part of an investigation.   The 7^th Circuit Courts have even allowed employers to photograph employees coming and going from their homes in order to “establish the employee’s residence.”

What about hidden cameras?  Yes, so long as an employer can demonstrate a “legitimate business purpose,” an employer may use hidden cameras.  Obviously, cameras hidden or not, may not be installed in bathrooms or any other area where people have a reasonable expectation of privacy.  There are certainly limits to what methods an employer may employ to conduct surveillance on employees.

In the past couple of years, I’ve successfully handled various employees whose privacy was violated by employers who do not understand the limits of employee surveillance laws.  If you have concerns about whether your boss is illegally using cameras in the workplace, please contact us.