Chino, CA asked in Employment Law for California

Q: Can an owner of a clothing boutique shop video and audio record her employees without notification?

I work at a clothing boutique store and the owner put in cameras to record everywhere even the break room that she also uses as a store room

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, it is generally illegal for an employer to secretly record their employees' conversations without their consent, as this would violate the state's privacy laws. California is a "two-party consent" state, which means that all parties involved in a conversation must give their consent before the conversation can be legally recorded.

However, video recording without audio is generally permitted in public areas of the workplace, as long as the cameras are visible and employees have been informed that they may be recorded. In private areas like restrooms, locker rooms, or designated break rooms, video recording is typically not allowed.

In your case, the store owner should have notified employees about the presence of cameras and obtained their consent before recording any audio. If the break room is also used as a store room and is not exclusively a private area for employees, the owner may be allowed to use video cameras there, but only if employees are aware of the cameras and no audio is being recorded.

If you believe that your employer is illegally recording audio or video without proper notification and consent, you can file a complaint with the California Department of Industrial Relations or consult with an experienced employment attorney to discuss your options.

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