Are there any areas of the workplace an employer may not monitor through video surveillance?

Author: Jessica Sussman

Yes. An employer generally may not engage in video surveillance in areas where an employee has a reasonable expectation of privacy and where the monitoring would be physically invasive, such as hidden cameras in a locker room or bathroom. Some states forbid an employer from monitoring areas designed for employee health or personal comfort, such as rest rooms, dressing rooms, or locker rooms. Further, labor unions may negotiate limitations on video recordings of unionized workers. The National Labor Relations Board has ruled that surveillance is subject to mandatory bargaining, and thus, the union must agree to any monitoring of unionized workers, including the use of hidden cameras. Therefore, an employer may not conduct video surveillance of unionized workers without the agreement and consent of the union.