Audio recording in a restaurant

[serverinNC]

What is the name of your state (only U.S. law)? NC

I work in a non-corporate restaurant in NC. We have visable cameras throughout the restaurant (where customers are and in employee only areas) that only record video as well as a visable microphones attatched to a couple of the cameras in employee only areas. We were never told about the audio being recorded nor asked to sign any consent forms. I was also told by a fellow employee who asked the guy installing everything if all the cameras had audio and he said some do and that there are also HIDDEN microphones around the restaurant... but that is all he said. I understand that a restaurant is a public place but those of us who work there are close and do have private conversations with each other/seeking advice/whatever, like before we have customers, or in storage areas/areas away from customers, which are not loud enough for others to hear. Is it legal for the owner of the restaurant to record audio without telling us it is happening or asking for our consent? Also, since we have no idea where these other microphones are they can potentially record customers having private conversations, is that legal as well?

 

[Zigner]

You're on the employer's premises and on the job. Your conversations should not be of a private nature. If you want to have a private conversation, do it on your own time and not in the workplace.

 

[TheGeekess]

What is the name of your state (only U.S. law)? NC

I work in a non-corporate restaurant in NC. We have visable cameras throughout the restaurant (where customers are and in employee only areas) that only record video as well as a visable microphones attatched to a couple of the cameras in employee only areas. We were never told about the audio being recorded nor asked to sign any consent forms. I was also told by a fellow employee who asked the guy installing everything if all the cameras had audio and he said some do and that there are also HIDDEN microphones around the restaurant... but that is all he said. I understand that a restaurant is a public place but those of us who work there are close and do have private conversations with each other/seeking advice/whatever, like before we have customers, or in storage areas/areas away from customers, which are not loud enough for others to hear. Is it legal for the owner of the restaurant to record audio without telling us it is happening or asking for our consent? Also, since we have no idea where these other microphones are they can potentially record customers having private conversations, is that legal as well?

Short answers: Yes.

 

[Silverplum]

What is the name of your state (only U.S. law)? NC

I work in a non-corporate restaurant in NC. We have visable cameras throughout the restaurant (where customers are and in employee only areas) that only record video as well as a visable microphones attatched to a couple of the cameras in employee only areas. We were never told about the audio being recorded nor asked to sign any consent forms. I was also told by a fellow employee who asked the guy installing everything if all the cameras had audio and he said some do and that there are also HIDDEN microphones around the restaurant... but that is all he said. I understand that a restaurant is a public place but those of us who work there are close and do have private conversations with each other/seeking advice/whatever, like before we have customers, or in storage areas/areas away from customers, which are not loud enough for others to hear. Is it legal for the owner of the restaurant to record audio without telling us it is happening or asking for our consent? Also, since we have no idea where these other microphones are they can potentially record customers having private conversations, is that legal as well?

NC is a "one-party" state for consent to recording, but read on:
http://www.dmlp.org/legal-guide/north-carolina/north-carolina-recording-law

 

[quincy]

NC is a "one-party" state for consent to recording, but read on:
http://www.dmlp.org/legal-guide/north-carolina/north-carolina-recording-law

I am glad you provided that link, Silverplum, because the laws on audio recording in public places are different than they are for recording video in public places.

With audio recording, notices need to be posted, advising the public that oral communications are being recorded. In North Carolina, if notices are not posted in conspicuous areas, the person surreptitiously recording the conversations of others can, if the person is not part of the conversation being taped, be charged with a Class H felony - and be subject to a civil invasion of privacy action.

The law is detailed in Silverplum's link and can also be accessed at:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-287.html.

 

[serverinNC]

So, since there are no signs posted anywhere that audio is being recorded within the restaurant and people's conversations are being listened to, does that fall under the category of it being a public place even if they aren't speaking loud enough for the rest of the people in the restaurant to hear them? what about the people who work there- say asking a fellow employee advice on how to handle a customer or a situation where mgmt handled something terribly and need a second opinion before say- speaking up or letting it go- that type of deal? What if the owner listened in on such conversation and then used it to fire someone, documenting that it was heard over audio and thusly being let go... forget the at-will state of work where you can be fired for whatever reason- im talking about a write up stating that exact reason... would that be grounds to call a lawyer? And in general, the fact that everyone is being listened in on without any consent regardless of the conversation matter- is it still a felony that this is happenning where i work? are my rights being violated regardless of what I talk about if I am not shouting it for everyone to hear? That is where my confusion lies, with the "expectation of a private conversation" part... does being in a restaurant deny any conversation to be private since its a public place?

 

[quincy]

What I suggest you do is explain the situation to an attorney in your area.

It sounds very much like the restaurant is violating the law by recording conversations without the knowledge or consent of those in the restaurant, and without being a participant in the conversations.

You can have, and you have the right to have, private conversations in public.

 

[TigerD]

I wonder what the odds are of "consent" being included in one of the new hire forms?

DC

 

[OHRoadwarrior]

I wonder what the odds are of "consent" being included in one of the new hire forms?

DC

I was going to get to that. My employer has video everywhere inside and out. The breakrooms and other places employees assemble are also bugged.

 

[quincy]

I think that "consent" is the key. The employees could have agreed to the audio/video recording as a term of their employment, but audio taping restaurant patrons, without their knowledge or consent, would be a violation of the law.

The restaurant needs to have notices posted where the public will see them, so the patrons of the restaurant are informed of the audio taping and, by their continued presense in the restaurant, have given their (implied) consent to having their conversations recorded.

Video recording in areas where there is no expectation of privacy is acceptable and, in many areas, expected - audio recording without the knowledge or consent of the speakers, not so much.

 

[Ohiogal]

Short answers: Yes.

Wrong. Short answer: You are wrong. It is not legal to tape record conversations of which you are not a party without permission of the individuals involved OR a court order.

 

[TheGeekess]

Wrong. Short answer: You are wrong. It is not legal to tape record conversations of which you are not a party without permission of the individuals involved OR a court order.

Alrighty then.

 

[serverinNC]

There were no new hire forms signed just standard w4 nc4 i9. That's all. No employee handbook or anything. But should I contact an attorney regarding this wouldn't they be able to cover up anything about the audio recordings or would the company who installed the devices have to show the paperwork done and as an employee there would this just screw me in the end or upon leaving this job and doing so would I be entitled to damages for invasion of privacy???

 

[quincy]

There were no new hire forms signed just standard w4 nc4 i9. That's all. No employee handbook or anything. But should I contact an attorney regarding this wouldn't they be able to cover up anything about the audio recordings or would the company who installed the devices have to show the paperwork done and as an employee there would this just screw me in the end or upon leaving this job and doing so would I be entitled to damages for invasion of privacy???

If you signed nothing that indicated to your employer your consent to be audio-taped, then your employer could be in violation of North Carolina's Statute Section 15A-287(1)(a).

Your employer could also be in violation of the federal Electronics Communications Privacy Act, which covers the unauthorized audio-taping of conversations, and which could result in a prison term of up to 5 years upon conviction.

And your employer could be violating North Carolina's intrusion into one's seclusion/privacy law. This privacy law is violated when someone intentionally intrudes (physically or otherwise) upon the solitude or seclusion of another or his private affairs or concerns. There is a statute of limitations of 3 years to file suit against the privacy intruder.

To be successful with a privacy action under North Carolina's privacy tort, there is an element that must be met but it is sometimes one that is difficult to meet. The intrusion into one's privacy or private affairs must be "highly offensive to a reasonable person." What has been considered highly offensive in these legal actions in the past have been surreptitiously photograhing a person in a private place (bedroom, bathroom), peeping Tom incidents, opening private mail, accessing another's bank records without authorization, and accessing one's medical records without authorization.

Damages are figured in a variety of ways and depend on the specific facts of any one situation. Damages can include injunctive relief (the ceasing of audio recording), any actual damages that can be demonstrated that have been suffered as a result of the unauthorized taping, possibly punitive damages, and an award to cover attorney fees and court costs.

You could file a complaint with your police department and you could potentially file a civil action. It is possible to call in an anonymous complaint to the police so you can avoid possible repercussions at your work for reporting your employer, and for any privacy action, you should go over all facts with an attorney in your area, to determine if a suit will be worth the costs of pursuing.

The bottom line in all of this is, yes, you could lose your job. It would be the unusual employer who does not seriously consider firing any employee who reports him to the police for investigation and also sues him. This is something for you to consider seriously, as well, and discussing the matter with an attorney in your area before acting on the filing of any complaint would be wise and is advised.

 

[serverinNC]

Would filing an anonymous inquiry to my states labor board be an effective way to find out if he is violating the first law you talked about- taping the audio of employees without us signing consent forms? Would the labor board know about the laws and be able to guide me as to whether or not moving further is worth the effort?