Question:
I was recently asked whether it is okay to install cameras in a medical practice to monitor employees.
Answer:
The answer is regulated in New York under the Labor and Employment Law, which was approved and made effective July 5, 2006 and provides under section 203-c:
1. No employer may cause an audio or video recording to be made of an employee in a restroom, locker room, or room designated by an employer for employees to change their clothes, unless authorized by court order.
2. No recording made in violation of this section may be used by an employer for any purpose.
3. In any civil action alleging a violation of this section, the court may: (a) award damages and reasonable attorneys' fees and costs to a prevailing plaintiff; and (b) afford injunctive relief against any employer that commits or proposes to commit a violation of this section.
4. The rights and remedies provided herein shall be in addition to, and not supersede, any other rights and remedies provided by statute or common law.
Should you have any questions about the above information or wish to engage in further discussion or propose an additional hypothetical, please do not hesitate to contact me.
The above is for educational purposes only and does not constitute legal advice.
