My question involves civil rights in the State of: New Jersey
I have questions regarding video and audio monitoring in the workplace.
In this instance, I do not believe that employees have a reasonable expectation of privacy: open floor plan, public access, not in restroom / changing areas, etc. The video cameras are not covert, although they have (I think) left themselves somewhat exposed by not informing their employees in writing regarding the presence and scope of video monitoring. Recording is 24/7, but is limited to a cash register and main entrance area.
Some of the case law I have read specifically regards silent video recording, but I haven't found much regarding audio + video and it makes me wonder if there is something particularly nefarious about recording audio.
My question is two-fold:
1) What should an employer typically do to cover themselves if they elect to monitor working areas via silent video recording?
2) Are there any special considerations if the employer is recording video with audio?
Thanks for your time.