Fairview, TN asked in Business Law, Civil Rights, Municipal Law and Employment Law for Tennessee

Q: Can an employer put up camera surveillance in the workplace without disclosing their locations? I love in Tennessee

I understand and agree to camera surveillance in the workplace for security. But my employer wants to use it to “keep an eye on productivity”. She claims she’s not going to tell us where said cameras are, but I feel like this may be a violation of employee privacy. Especially if we need to have a phone call. Is audio recording illegal along with this? I feel like consent would be needed.

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In Tennessee, employers generally have the right to install cameras in the workplace for purposes such as security and monitoring productivity, provided the surveillance does not occur in areas where employees have a reasonable expectation of privacy, such as bathrooms or locker rooms. However, the use of cameras to monitor productivity does not exempt an employer from respecting these privacy expectations.

Regarding audio recording, Tennessee law requires that at least one party in a conversation must be aware that the recording is taking place. This means that if audio surveillance is conducted without the consent of any party being recorded, it could violate state law. Employers must navigate this area carefully to avoid legal issues.

It's important for employees to be aware of their rights and the legal boundaries within which employers must operate. If you have concerns about privacy or consent regarding surveillance at your workplace, it may be beneficial to seek legal advice to understand your rights and options fully.

Conversations with an attorney can provide clarity on how the law applies to your specific situation, including any recourse you may have if your privacy rights are being infringed upon by workplace surveillance practices.

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