Video Monitoring Legal?
Video cameras provide security for companies against theft, whether theft involving employees, burglaries or robberies. They also allow companies to monitor their employees’ performance. Banks are a good example of businesses that have a high need for video cameras. Parking lots frequently use cameras as well to maintain security and protect employees and customers when leaving to get into their cars.
Privacy Rights Clearinghouse points out that there are certain areas where video cameras violate privacy rights, such in restrooms or locker rooms. Various states have laws to protect against this use.
New York Labor Law § 203-c , states “no employer may cause a video recording to be made of an employee in a restroom, locker room, or room designated by an employer for employees to change their clothes [.]”
Based on this statute, employers cannot use a video recording obtained in locker rooms, restrooms, etc. for any purpose whatsoever. Where violations of the statute occur, courts can award damages and reasonable attorney’s fees and costs to an employee who wins a lawsuit against the employer. However, the law does not apply to law enforcement personnel who use video footage as part of their authorized duties.
Stephen Hans & Associates understands the challenges you face as employers and that many different laws apply to employment situations. We are glad to have you consult with us, get answers to your questions, and provide you with effective legal guidance.