California employers have the right to monitor workplace activity, but employers must follow strict rules when using surveillance cameras or other monitoring tools in the workplace. Unauthorized or excessive surveillance can violate California law and may lead to legal consequences. Consult our skilled LA County employment attorneys for a free consultation.
California Privacy Rights
California’s Constitution guarantees a right to privacy. This right applies in the workplace, especially in areas where employees have a reasonable expectation of privacy. Employers must not install cameras or recording devices in:
- Restrooms
- Locker rooms
- Changing areas
- Showers or similar private spaces
Installing a camera in any of these areas violates California Penal Code § 647(j), which makes it a crime to secretly record someone in a private area where they reasonably expect privacy.
California Rights on Audio Recordings
California is a two-party consent state under Penal Code § 632, meaning both parties must consent to any audio recording of a private conversation. This includes workplace conversations. An employer cannot record employee conversations—in person or by phone—without the knowledge and consent of all parties involved. Violations can lead to:
- Criminal penalties
- Civil damages
- Fines of up to $5,000 per violation
Video-only surveillance does not require consent, but if the video includes audio, then the consent rule applies.
Rules on Surveillance in Common Areas
Employers may use visible security cameras in common work areas such as:
- Entrances and exits
- Parking lots
- Sales floors
- Warehouses
- Office hallways
However, they must have a legitimate business reason, such as preventing theft, protecting safety, or monitoring productivity. Surveillance should be disclosed to employees, ideally in a written policy or employee handbook. Hidden cameras in these areas are legally risky, especially if the employer uses them without informing staff.
California Law on Email, Internet, and Computer Monitoring
Employers are allowed to monitor email, internet use, and computer activity on company-owned devices. However, monitoring should be:
- Clearly disclosed in a written policy
- Limited to work-related purposes
- Avoid intruding on clearly personal communications
If an employee uses a personal device or account on company time, the employer may not have the right to monitor those communications without consent.
Union and Protected Activity Concerns
Under both state and federal law, employers may not use surveillance to monitor or intimidate employees involved in:
- Union organizing
- Collective bargaining
- Workplace protests
- Protected concerted activity
Using cameras or other surveillance to discourage lawful labor activity violates the National Labor Relations Act (NLRA) and California labor laws. This can result in unfair labor practice charges and legal penalties.
Employee Rights and Legal Remedies
Employees who believe their privacy rights have been violated may:
- File a complaint with the California Labor Commissioner or Civil Rights Department
- Pursue a civil lawsuit for invasion of privacy or unlawful recording
- Report illegal surveillance to local law enforcement (for criminal violations)
Employers found in violation may face fines and injunctions. Employees may be entitled to reinstatement if they were fired, back pay for lost wages, monetary damages for emotional distress or privacy violations, attorney’s fees, and court costs.