Employee’s Rights when Businesses Use CCTV Systems at Work

A large number of businesses have taken to monitoring their employees with the use of CCTV systems. Closed-circuit television, also referred to as CCTV, is the means by which television cameras collect data and then transmit this data via a closed-circuit broadcast to any number of monitors which may be located on- or off-site in a surveillance center. Proponents of these measures state that the very real threat of thefts perpetrated by employees is greatly reduced, while at the same time increasing employee productivity - after all, if an employee feels like she or he is watched at any given moment, she or he will be far less likely to use the work hours to call a girlfriend, read a book, or simply sit around and daydream rather than do the actual work for which she or he is getting paid while on the job.

Casinos are on the forefront of openly discussing the fact that there are monitoring guests as well as employees. Considering that their business consists largely of sums of money changing hands time and again, it is not surprising that the temptation may be too strong for some to resist from dipping into the till. The same may be said for employees of large movie theatres, who may give free movie tickets and concessions to their friends, while charging everyone else. This kind of shrinkage can be deterred and even prevented completely with the simple use of CCTV technology.

Of course, if your business employs such technology, it is important to note that your employees have certain rights, which you cannot violate, if you want to keep your company out of the courts. While you cannot guarantee that a disgruntled employee will not take you to court and sue you on the grounds of unreasonable search and seizure under the Fourth Amendment of the United States Constitution, you will be able to ensure that you minimize such exposure by simply observing a few rules:

Advise your employees of the fact that you use CCTV technology in your business. They have a right to know that their every move may be recorded. Employers should seek to protect themselves by having employees sign waivers that also specify the nature of the surveillance that takes place on a daily basis, and the areas that are exempt from such surveillance. It is important that you and your employees are up front about this issue from the beginning so that there will not be unpleasant surprises.

Limit CCTV surveillance to work areas only, and do not include it in break rooms, bathrooms, or other areas that are away from the normal work environment where employees may be located as they are taking their breaks, eating their lunches, or simply wait for their shifts to begin. Be very clear about where the surveillance is located, and which areas are off limits to surveillance equipment. Employees have the right to privacy while off the clock, and you will violate this right if you move CCTV technology into areas set aside for the enjoyment of your employees.

Consider everything you witness on the surveillance screen about an employee as a private matter. In other words, while you may become privy to an employee’s private affairs, such as being served with divorce papers, or such as an employee administering an insulin shot to her- or himself while seated at the desk, this information is considered private and should in no way find its way to the employee’s files or become a subject of discussion during a performance review. After all, your employees are still human beings, even while on the clock, and some aspects of their personal lives will not wait until after working hours, but unless these matters directly interfere with your business, they are not of your business.

Employees have the right of not posing for a company photograph, picture, or simply on-the-job pictures that some companies like to publish every so often. Please keep this in mind and do not use the surveillance footage you have taken to glean suitable photos for your newsletter.

If you are an employee, it is important that you know your rights when it comes to CCTV systems at work, and that you also know your employer’s rights. This will ensure that no misunderstandings take place, and that the workplace will still remain a safe and enjoyable place for all to come to.