Filming Employees While They Work

CathyAnn

Could someone tell me the legalities of filming an employee while they are working WITH their written consent and then using that film during an employee's yearly review (employee to be present during this review) to review and discuss their work habits. Thank you.

Rockie

Under the law, it is legal to conduct video surveillance of employees. If you do not have written consent, you can only tape them visually, without audio to prevent violating wiretapping laws. These laws prohibit interception of oral communicatinos, but do not apply to video taping. With written consent, employees may be taped both audio and visually. There is an expectation that taping will not occur where employees can reasonably expect privacy such as restrooms. However, if you are unionized this is a bargaining point.

I have not heard of an employee's performance being reviewed in this manner, but if you have their written consent, then you should be okay.

jimlegal

I would make sure that I had written policies in place prior to under taking the type of situation you posted. You would need to make sure that ALL employees are being video taped equally. I would bounce this idea off of our company attorney to ensure compliance with state & federal laws. On a personal note, being filmed all day long for every move doesn't sound too appealing. However they do it every day in the casinos in Las Vegas!!!

WOCO Frank

Our employees are on camera all day. After awhile, they don't even think about it. (A point that is obvious if you ever watch the tapes...)

Leslie

Exactly Frank. We have video EVERYWHERE (except bathrooms of course) - even in HR - and audio in some key places. It's amazing how inured they become to the fact they are always on film - and some of the things they say and do!