The Legal Implications of Workplace Surveillance in California
It is very common for employers to monitor the workers to maintain a higher productivity level. However, the employees have privacy rights too. Employers can not violate employees’ rights by monitoring their work in California. The workplace surveillance policy should align with state laws and work ethics. Workplace monitoring and surveillance policy acknowledgment are necessary for both employers and employees. If you need clarification about the legalities related to workplace surveillance issues, keep reading to find out more. The article will discuss the legal implications of workplace surveillance in California.
Things you need to know about workplace surveillance in California
The California State Assembly imposes laws to protect workers from the digital monitoring of employers. Assemblymember Ash Kalra introduced the “Workplace Technologies Accountability Act,” or AB1651 protect employees from the negative effects of digital tracking. The proposals of this act include the following:
- Ensuring that employees are notified before using monitor tools
- AB-1651 prohibits workplace monitoring unless it is strictly necessary and is the “least invasive means” to accomplish the business purpose.
When is workplace surveillance considered illegal?
Depending on the location of the surveillance camera, it can be considered a medium of privacy violation. Employers are prohibited from using surveillance cameras in some areas where employees have reasonable expectations of privacy. According to the California Penal Code Section 647 (j) PC, it will be illegal to monitor the employees in:
- Restroom
- Shower
- Locker room
- Tanning booth
- Fitting or dressing room
When is workplace surveillance considered legal?
Employers can monitor the employees in the common and public workplace areas. Employers can videotape you for security reasons, investigation purposes, etc. It will be permissible except in places where you reasonably expect privacy. Also, federal law allows employers to monitor business telephone conversations. Moreover, state law protects companies from monitoring employees working from home for business purposes.
When can I sue against surveillance at work?
You can sue your employer for workplace surveillance if you can prove one of the following:
- Your employer has violated your privacy rights through workplace surveillance
- You felt a severe invasion of privacy
- The surveillance severely harmed you
- Your reasonable expectation of privacy was overstepped.
If you face these situations, you can file a lawsuit against your employer for violating privacy rights. You ask for compensation for damages if there was no acknowledgment of workplace monitoring and surveillance policy.
Final Words
That’s all from our round-up. Hopefully, you are now clear with the policy and legal steps regarding workplace monitoring and surveillance. Therefore, workplace surveillance is a sensitive issue. The companies should maintain the monitoring tools within some boundaries. There must be workplace monitoring and surveillance policy acknowledgment by state law. If the company violates the rules, the workers are entitled to seek legal help from experts. If you think your employer is ignoring your privacy matter in the workplace, talk to an experienced attorney to deal with the situation. You will surely get valuable and actionable advice to move forward with your issue.
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