Legal Question in Business Law in California

Re: surviellance

This is not a question that can be answered with a simple yes or no.

Whether an employer has a right to use cameras and similar devices to observe employees at work may depends upon one or another, possibly both, of two factors:

(1) Does the employee have a "reasonable expectation of privacy" the invasion of which would be an unrreasonable search under the Fourth Amendment of the U. S. Constitution?

(2) Does the employee have a contractual right not to be observed by camera, for example, under the terms of a collective bargaining agreement (union contract)?

A "reasonable expectation of privacy" does not exist when the employee is informed of the camera in advance, or the camera is obvious, e.g., the security cameras in a bank or convenience store. So, if the employer tells the employees in advance that a camera is being installed, whether for safety, security, or to make sure the employees are awake and doing their jobs, there is probably no expectation of privacy and hence the employer doesn't violate the right to privacy.

On the other hand, putting hidden cameras in restrooms, uniform changing areas, locker rooms, etc. is usually a violation of both the 4th Amendment and state policy, and the employer would have no right to install and use such spy devices.

So, you have to ask yourself, is the practice secret or disclosed? Does the employer have a legitimate reason to do this? Is the practice a violation of my contract?

If what you call "spying" is being done in secret and for a clearly inappropriate purpose, you have a case to demand that it be stopped, or to sue for damages (if you can show any). If it was made known to you and has at least a shred of valid purpose behind it, your claim would be pretty weak and at best you might just politely ask the employer to consider not doing it because it makes the employees uncomfortable and treats them like irresponsible children (or similar arguments).