Law360 Publishes William Benz on the Do’s and Don’ts of Video Surveillance in California Workplaces

In the article, “Do’s and Don’ts of Video Surveillance In California Workplaces” published by Law360, William Benz defines how an employer can avoid lawsuits when using video surveillance in the workplace. An employee’s reasonable expectation of privacy is protected by Article I, Section 1 of the California Constitution and by the common law tort of invasion of privacy. “The two principles are very similar, but generally contain two forces in a balancing act: (1) an employee’s reasonable expectation of privacy and (2) an employer’s legitimate business purpose for the intrusion,” he says.

Though Mr. Benz advises against the use of recording equipment in bathrooms, locker rooms or in other places employees would deem as private, he lists several ways to safely use video surveillance in other areas. Employers should “seek to make known that employees will be recorded in the workplace. Video cameras should be clearly marked and openly visible. The employer should also have a well-defined video surveillance policy and require each employee to sign an acknowledgment of receipt of that policy.”

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