Because of the prevalence of smartphones and technology available today, privacy is always a concern. While there is more recording and surveillance capability than ever before, no one wants to have their private conversations recorded. This is especially true in the workplace. Even with this increased capability, California employees still may need to know what the law says about videotaping them in the workplace.
Under most circumstances, employers can videotape employees if it is for security purposes and they notify the employees beforehand. Still, there are privacy protections under both California and federal law for every employee.
Contact Expert California Employment Lawyers
Privacy law can be extremely complex. In order for an employee to totally understand their rights under the law, they can contact Maison Law for a free consultation. Their team of California employment lawyers can help employees understand the extent of their privacy protection.
California Privacy Law and Videotaping in the Workplace
California privacy law is covered under Section 435 of the California Labor Code. Under the law, videotaping employees can occur in common areas in the workplace, but there are very important limitations to this power. Basically, the law protects employees from being videotaped in the workplace in areas where they can have a “reasonable expectation” of privacy. This typically includes the following areas and circumstances:
- Bathrooms or locker rooms
- Break rooms
- During union meetings
- Any surveillance that includes audio recording, unless both parties give consent
- Any other space where employees can expect a reasonable expectation of privacy
California courts have consistently ruled that a reasonable expectation of privacy applies to workplace areas if they have concealers or if the employees have access to it by a key or card.
Another confusing aspect of the law is that certain workplaces require monitoring the workplace with surveillance footage for security and loss prevention, such as:
- Banks
- Restaurants
- Retail stores
- Public or government buildings, like post offices or courthouses
Due to the overriding need for security, employees in these workplaces forfeit their reasonable expectation of privacy and, thus, can be videotaped while employed there.
Can Employees Videotape Employers in California Workplaces?
Conversely, the regulations for employee videotape recording in the workplace are a bit more strict than they are for employers. In California, employees cannot record a private conversation with coworkers or management without their consent. However, employees are permitted to record conversations in common areas, like conference rooms, lobbies, or workfloors.
However, when an employee believes they are suffering harassment or discrimination int he workplace, they have the legal right to record a conversation to document it, unless it is considered to be a “private” conversation. Recording a private conversation in California is illegal and it cannot be used as evidence of harassment or discrimination. Not only that, but employees can be fired for recording private conversations without consent, even if the recording proves harassment or discrimination.
In order for a recording to be used as evidence, it must occur in a common work area. Furthermore, if the employee records discriminatory or harassing behavior in a public, common area in the workplace, and the employer retaliates against or terminates them for it, the employee may have grounds to file a wrongful termination lawsuit.
Legal Remedies For Employees in California
Again, California employers retain the right to record employees as long as the business purpose for doing so outweighs the employee’s privacy. Still, that capability has limitations. If the employee can prove the following occurred as a result of them being videotaped in the workplace, they can pursue a lawsuit:
- The surveillance harmed the employee.
- The employer violated the employee’s right to privacy.
- The recording was a severe invasion of privacy
- The employer violated the employee’s reasonable expectation of privacy rights.
In a privacy lawsuit, courts will typically consider the following to determine if the employee’s rights were violated:
- Who had access to the recordings and when they were given access.
- The incidents that the recordings captured.
- When and where the recordings occurred.
- The duration of the recordings.
- If the employer attempted to limit access to the recordings.
On top of privacy violations, the employee may also have claims for wrongful termination if the employer retaliated against them for complaining about being recorded illegally. Both claims, if successful, entitle the employee to recover:
- Lost wages
- Emotional distress damages
- Damages relating to mental anguish
- Punitive damages if the employer is found to have acted recklessly or negligently in their conduct.
Navigating privacy or harassment complaints alone can be daunting, no matter how open and shut the employee believes their case to be. Working with the team of experienced, talented employment lawyers at Maison Law can help employees make sure that their rights will be protected.
Consult With Experienced California Employment Lawyers
When an employee’s privacy is violated in the workplace, it is among the biggest betrayals of the employee-employer relationship. California law protects the privacy of every employee, and Maison Law is proud to advocate strongly for them in these situations. Their team of experienced employment lawyers can help employees understand their legal rights under the law and know how to best approach any violation of privacy case. Contact Maison Law today to get started with a free consultation.
