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Recording Communications and Video Surveillance Laws by State

Author: XpertHR Editorial Team

The following chart summarizes key provisions of federal and state laws regarding the recording of employee communications and video surveillance of employees. These laws generally apply to all employers, with limited exceptions for law enforcement and some public employers.

Under the federal National Labor Relations Act, employers are prohibited from conducting video surveillance of employees under certain circumstances, including monitoring, or giving the impression of monitoring, employee union activity.

States with no requirements regarding the recording of communications or video monitoring of employees are marked N/A. In the absence of state requirements, federal law may apply.

An employer should have a legitimate business reason for monitoring employees' workplace communications and activities. Providing advance notice of the reasons may help reduce the risk of invasion of privacy claims. The Cameras and Video Surveillance handbook statement can be used to inform employees they may be subject to monitoring.

For more information on how an employer can monitor employee activity in the workplace, see How to Conduct Video Surveillance and How to Monitor Employee Telephone Use.