Read more to find out more about surveillance cameras in the workplace laws in California. The California Supreme Court’s unanimous decision in Hernandez v. Hillsides, Inc. (Aug. 4), a case regarding workplace privacy and video surveillance… California employers should consider a number of practical measures when conducting workplace video surveillance, such as: Notifying employees and others in the workplace about areas under video surveillance, in order to reduce any expectation of privacy; In many cases, employees know they are being filmed, with the understanding that the cameras help to deter or catch thieves. Despite the director's assurances that the camera had not been installed to observe them, they were very upset by this discovery. It is crucial to become familiar with California recording laws if you set up a security camera system in your business. All rights reserved. The plaintiffs timely appealed. ©1996-2021 Morrison & Foerster LLP. California is a two-party consent state to audio recordings, meaning consent is required from anyone who is being recorded. Although elements of the Federal Wiretapping/Electronic Communications Privacy Act broadly apply to workplace video surveillance, the Act lacks specificity, leaving it to the states to define what constitutes acceptable video monitoring practices in the workplace. Workplace Surveillance Policy (POL-015) Adopted: 14/09/2017 Resolution No: 2017/197 Page 5 of 7 3.3 How the surveillance will be carried out Surveillance will be carried out in accordance with this Policy. There are several measures employers can take to ensure legality and avoid future disputes: California Penal Code §632 specifies that, in cases where employers are monitoring employee phone calls for quality control, phone calls taking place within California cannot legally be taped unless all participants are informed of the recording. But is monitoring employees with security cameras really legal in California? The Court found that the plaintiffs had not established the second element of their privacy claim, however. All video surveillance cameras will be connected to the enterprise video surveillance system will be administered in accordance with this policy. Many employers use cameras and video surveillance in the workplace, often to prevent theft or to monitor what employees are actually doing while on the clock. He secretly set up a video camera to try to identify this person. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so. Want to learn more about California surveillance camera laws in the workplace? Your email address will not be published. California also specifically prohibits surveillance mirrors (mirrors that appear normal but are see-through on one side) in private areas such as showers and changing rooms. It could be activated from a nearby storage room, but was operated only during non-business hours. According to the California Labor Code section 435, “No employer may cause an audio or video recording to be made of an employee in a restroom, locker room, or room designated by an employer for changing clothes, unless authorized by court order.” There are further limitations on audio recording and tracking employees outside the workplace. The director did not suspect either of the plaintiffs but chose not to tell them about the video camera, in order to maintain the secrecy of the investigation. There is a live, real-time video feed located in these areas to aid in the investigation process of an accident/near miss situation or … 3. back to top. For example, while a number of employees had access to the plaintiffs' shared office, the mostly-enclosed office space still afforded its occupants "some measure of refuge" from being viewed without their knowledge, which supported a legitimate expectation of privacy. When it comes to personal calls, employers are prohibited from monitoring these unless employees are making these calls from business phones after being told not to. "Spain's Strict New Limitations on Video Surveillance". The system and cameras will be maintained centrally by the university. The video camera was hidden in a bookshelf and left plugged in at all times. California employers must comply with this federal act. Such locations include … Discovery of the Hidden Camera and Resulting Litigation The following week, the plaintiffs were shown the surveillance tape, which featured only a few minutes of actual footage, specifically of the director setting up the camera and of the empty office. An area within the lower portion of the door had been cut away, like a "doggie door" for which the flap was missing. 11-1 Video Surveillance Policy 1.0 Purpose 1.1 The purpose of this policy is to regulate the use of those closed circuit television (CCTV) cameras or other video equipment used to monitor and record public and restricted areas for the purposes of campus safety and security. "[3] The Court concluded that the employer had intruded into an area where the plaintiffs had a reasonable expectation of privacy, but that the facts of this case prevented this intrusion from rising to the level of an actionable privacy claim. Get in touch with our expert security consultants today! Conclusively, this article has outlined and simplified the most important clauses in California laws on workplace privacy and employee monitoring. As the director later testified, he only activated the recording during non-business hours when the plaintiffs were not in the office, and on just three separate occasions. The National Labor Relations Act contains a clause that prohibits employers from recording video of union meetings or activities. Conduct Video Surveillance of Employees Key Points. As long as the company has a legitimate need to film, the areas under surveillance are public, and employees know about the filming, these practices are likely to be upheld … INTRODUCTION. Video surveillance in the workplace cannot include any coverage of areas designated for assisting employees to achieve comfort or health benefits. At a minimum, eleven employees had keys to this particular office. Sixteen percent (16%) use video surveillance to monitor employee performance. “The use of video surveillance in the workplace to monitor employees is legal in California as long as it meets certain requirements enforced by state law,” says our Los Angeles sexual harassment attorney. 2.0 Scope Video recording without consent in California should always be avoided, as it could result in disputes and financial damages to your company. GPS tracking of employee movements inside the workplace while performing work is also generally permitted. Most employers tell their employees about the company’s video surveillance practices, but one in five chooses to keep their use of cameras secret. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. (4) (A) After July 1, 2019, if the Department of Justice or the Department of the California Highway Patrol intends to acquire a new type of surveillance technology after the adoption of the policy required by subdivision (a), that agency shall draft an amendment to the policy to include the new type of technology as a new section of the policy. Revised: 30 March l995. executive committee of the State Bar of California’s Law Practice Management and Technology (LPMT) Section. Based on the facts in this case, the Court determined that the intrusion was not sufficiently offensive to warrant liability. However, tracking the whereabouts of any employee outside the workplace and not in possession of company property is considered a violation of privacy rights in California — especially if the monitoring takes place outside work hours. Required fields are marked *. Legacy video surveillance devices will be transitioned to the university’s enterprise video surveillance system by June 30, 2021. Video monitoring of employees may be considered more reasonable if they are working with the public, as recording of these interactions can ensure quality and provide useful insights into any workplace incidents. Less invasive means of monitoring issues of suspected criminal activity, harassment, or violence should also be pursued before installing cameras. Hernandez and Jose-Lopez tended to keep their office shades drawn, and persons needing access during normal business hours would customarily knock before entering. Employers with less compelling reasons for covert video surveillance, and less careful methods of conducting the surveillance, may face different outcomes. Ensure that public video surveillance systems are capable of eff ectively achieving their articulated purposes. Workplace Monitoring California employers should exercise care in connection with workplace monitoring, such as video surveillance, e-mail monitoring, and listening to … In Hernandez, the California Supreme Court cautions that, "while privacy expectations may be significantly diminished in the workplace, they are not lacking altogether. Where cameras are typically used. The California Supreme Court (Hernandez v. Hillsides, Inc., 211 P.3d 1063 (Cal. Video/Audio surveillance equipment will not be used or installed in areas where the public, students and/or staff have a reasonable expectation of privacy, such as locker rooms and restrooms. When Hillsides' director learned that office computers were being used at night to access child pornography websites, he was concerned that the culprit might be an employee who worked with children. The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool. Adhering to them is not an option but a necessity. Most of these laws limiting video camera use in the workplace pertain to restrooms, break rooms, and other areas for which there is a reasonable expectation of privacy. This especially makes sense if employees are performing deliveries or outside sales. Employees are not given a right to privacy by California courts in public locations within the workplace, such as common areas and walkways. The employer should also have a well-defined video surveillance policy and require each employee to sign an acknowledgment of receipt of that policy. Top Ten Tips Disclaimer. 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