May an employer engage in video surveillance of an employee?

Author: Jessica Sussman

Yes. An employer may generally engage in video surveillance of an employee, without sound, even if the camera is hidden because an employee has a diminished expecation of privacy at work. An employer may not conduct video surveillance of an employee if the recorded employee has a reasonable expectation of privacy (i.e., employee restrooms, locker rooms, changing rooms), the surveillance is for an illegal purpose, or trespass occurred during the recording of the video.