Expert Advice When You Need It Most

In the State of California, is it legal for an employer to record audio or video of their employees without their knowledge?

Asked almost 3 years ago - San Diego, CA

Employment

My employer has made serveral comments to me and other employees eluding to the fact that we are "being watched". There was a internal theft in our company, and my employer said to me, "well, I'll just watch the tapes and see who did it". I have nothing to hide and have never taken anything from the company other than a lousy paycheck. When I was hired, I never signed anything stating the existance of audio or video recording equipment on the premises, and I just wanted to know it if was legal to record conversations, length of bathroom breaks, or anything in the workplace without prior knowledge and/or concent of the employee. Thank You

Flag

Save

Share with:

Attorney answers (2)

Ronald Anthony Sarno

Reputation Level 20

Answered almost 3 years ago. Litigation Lawyer in New York, NY.

Flag

Yes it is. Companies also trace phone calls, computer usage. If there has been internal theft, the company has even more right to tape the workers. Being at work is like being in the public; there is no reasonable expectation of privacy.

You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.

You might find my legal guide on commercial litigation helpful.

LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

Mark as good answer

1 person marked this answer as good

Add comment

William M. Pao

Reputation Level 11

Answered over 2 years ago. Employment / Labor Attorney in Los Angeles, CA.

Flag

Generally, an employer has the right to regulate and monitor the workplace and which extends to company-owned property such as lockers, desks, vehicles, telephone, voicemail, email, etc.

However, CA Labor Code 435 prohibits an employer from making audio or video recordings of employees in rest rooms, locker rooms, or rooms designated by the employer for changing clothes, unless authorized by a court order.

Mark as good answer

1 person marked this answer as good

Add comment