Legal Question in Employment Law in Florida

Re: Video taping in workplace

This is a complicated area of the law, but let me offer some general thoughts. An employer does not need employee signatures or consent to place cameras in reasonable, observable areas such as hallways, offices, etc. This is because, when we are in public areas such as the workplace, we do not have a legitimate expectation of privacy.

Cameras of course may not be placed in private areas such as locker rooms and bathrooms, where we are entitled to expect privacy.

Also, although videotaping is allowed, audiotaping is not.

In your case, it sounds like the employer is allegedly using hidden cameras. First, be careful making complaints if you do not know for sure that this is true.

Second, there is no law specifically prohibiting this. For example, employers are allowed to have private investigators follow and videotape employees who are suspected of workers' compensation fraud. Thus, employers may do the same inside their workplace to protect their company, employees and assets. (For all you know, there may be a good reason for the cameras such as drug use or theft in the workplace.)

However, this practice is not considered to be particularly fair or reasonable. Employees of course do not like it, which leads to low morale, rumors, low productivity, etc. But any claim that the hidden surveillance is unlawful would have to be based on other facts which make it unlawful, such as the videotaping being more intrusive than called for, or in a private area.

The best thing to do here if the issue bothers you enough may be to approach a trusted manager or HR and see if the employer would consider that the employees are unhappy with this development and would prefer to know where the cameras are. This will still act as a deterrent, so the employer would not lose out by not having hidden cameras.

If the employees are upset enough, they could unionize and then have the union try to bargain to get rid of the hidden surveillance. (That's extreme and I do not recommend unionization, but it's an option.)

In any case, I do not recommend that you make any threats or become known as a troublemaker. Rather, if it is important enough to you, just try to gently make your concerns known and see if anything happens. Also, don't get your immediate manager in trouble by reporting that he is the source of your information. That will not help you or him.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.