Using Video Surveillance To Curb Theft: Some Important Considerations

Employers have used a number of approaches to thwart theft in the workplace. Amazon recently came under some criticism for its approach: showing videos of employees who were identified as having engaged in theft on flat screen TVs in the workplace, sometimes with words like “arrested” stamped on the silhouette of the employee.

While generally employers are permitted to use video surveillance without audio in workplace locations where employees do not have an expectation of privacy (e.g. areas other than restrooms, changing areas, etc.), whether or not such surveillance is permitted is a matter of state law. Employers should ensure, to the extent that they would use video surveillance to stop theft or for other security reasons, that they are in compliance with the applicable state laws.