Can my employer record phone calls or monitor me on camera?

Employers can generally record phone calls and use cameras to monitor the workplace, but the rules depend on whether the monitoring involves one-party or two-party consent for recordings, whether employees have been given notice, and whether private areas are involved. ^[1][2][3] **Recording phone calls — federal and state law ^[1][2] Under the federal Electronic Communications Privacy Act (ECPA) (18 U.S.C. § 2511), recording a phone call is permitted with the consent of at least one party to the conversation ("one-party consent"). Because the employer is typically a party to or has authorized the recording of business calls, employer recording of business phone lines is generally lawful under federal law. However, 12 states require all-party (two-party) consent for phone recordings: - California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington require all parties to consent - In these states, employers must notify employees and callers that calls are being recorded Video surveillance at work ^[3] Employers may use security cameras in the workplace to monitor: - Common areas, hallways, lobbies, and work floors - Cash registers and storage areas - Parking lots Employers generally cannot place cameras in: - Bathrooms, locker rooms, or changing areas (illegal in virtually all states — violates invasion of privacy) - Break rooms in some states (contested) - Areas where employees have a reasonable expectation of privacy Notice requirements Many states require employers to notify employees of workplace monitoring. Some states require written disclosure. Even where not legally required, it is best practice (and NLRB guidance suggests hidden surveillance aimed at union organizing activity may be an unfair labor practice). Government employers** Public employees have additional Fourth Amendment protections; government surveillance must be justified and proportionate. *Two-party consent states have strict requirements. Recording without required consent can expose employers to significant civil and criminal liability. Consult an employment attorney if you have concerns about workplace surveillance.*