Key Points

  • Video surveillance can be used to monitor employee activities in certain situations, such as employee theft or allegations of harassment.
  • However, there are several legal considerations if video surveillance is employed, such as employee privacy concerns. Employees have a reasonable expectation of privacy in areas designed for an employee's health or personal comfort, such as dressing rooms, locker rooms and rest rooms.
  • A prudent employer will have written policies on employee privacy and video surveillance and must ensure that these policies are communicated to all employees. In addition, it is critical to obtain employee acknowledgment and consent regarding surveillance.
  • If video surveillance is employed, record retention procedures must address the maintenance of employee surveillance records.

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