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In practice, this means little because employers are not required to notify employees that they are being recorded and employees are unlikely to discover the hidden microphone.Video surveillance is governed by common law, using the “reasonable expectation of privacy standard.” Courts have consistently held that employees have a reasonable expectation only in bathrooms and locker rooms.

But employers may not conduct audio recording of nonworking areas such as cafeterias, break rooms, or locker rooms.On a final note, while it's not legally necessary for a filmmaker to seek permission from a subject or heed requests to a stop filming, it's nearly always the smart and decent thing to do.If any readers with better legal chops than ours wants to throw in some additional thoughts, fire away in the comments section below.The battle for workplace privacy is over; privacy lost. 1996), the court held that an employer could read personal e-mails even when it had told employees it would not. The bottom line is that employers can monitor every e-mail, text message, Web site visit, or other activity that takes place on a company-owned device.Despite repeated language in judicial opinions regarding the need to balance the competing rights of employers and employees, no balancing occurs. Despite the reassuring language about the need for balance, no employee has ever won a case against his or her employer for computer monitoring.

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