Is this legal in the workplace?

[formerlsa]

What is the name of your state? Ma

Hello I realize it is legal to have cameras in the workplace. The owner of my pub had one that went into his office but he never sat in there and viewed it. Now, he had 3 new cameras put in that are hooked up to his tv at his home supposedly with sound activation and he can hear everything that is being said at the bar. He is paranoid and believes we are all giving away free drinks or stealing money. So now, he can sit in his bedroom all night long and watch what is going on and eavesdrop on our conversations too? Is all of this legal?? Thanks for the opinions

 

[BelizeBreeze]

There is no expectation of privacy in the workplace nor in a public place.

Whether or not it is legal depends entirely on the scope of usage and your particular state laws.

 

[cbg]

Y'know, whenever I see this question posted I have to wonder just what it is the poster is doing or not doing that they don't want their employer to know about.

 

[formerlsa]

cbg i'm surprised at your reply

Gee I really thought that you if anyone on this forum would have the answer. As I said there has been cameras in there for years. I'm just not too sure if he can have one hooked up to his bedroom at home and also if he can listen in on our converstions.....As it is, we all talk about him, he is a lonely person who sits at his bar all day long drinking and harasses people after he gets his buzz. He has a social problem and cannot have normal relationships. He is also sexually harassing a 22 year old bartender, will that be erased on his cameras for his protection? He has been taken to court several times for sexual harassment but has won each time, he knows the whole city.........Yeah its a hard way to make a living

I am not doing anything but I don't like the fact that I have to watch what I say as I am a very open person and have a right to my opinion. This is a job. The patrons pay my income, I try to deal with the owner the least amount that I can.

I just wanted to know if it was LEGAL to have your voices activated at his home? Thank you... Next there will probably be a camera in the bathroom..........

 

[cbg]

I wasn't talking about you specifically, just in general.

I'm honestly not sure about the answer to this one. With regards to taping telephone conversations, MA law requires that all parties to the conversation know about the taping. But this is not the same thing. Besides, you do know about it. The video part is legal; it's only the audio part I'm not sure about.

Where he monitors the tape is immaterial. If it's illegal, it's going to be illegal no matter where he monitors the tape. And if it's legal, the same applies. The law is hardly going to say that he can legally have the cameras as long as he monitors them from his office or living room.

If he is sexually harassing someone, that is a completely separate issue from this. The cameras will have nothing to do with it; except, possibly, prove her case.

A camera in the bathroom would definitely be illegal.

Sorry I can't be of more help.

 

[BelizeBreeze]

Mass. Ann. Laws ch. 272 , § 99: It is a crime to record any conversation, whether oral or wire, without the consent of all parties in Massachusetts. The penalty for violating the law is a fine of up to $10,000 and a jail sentence of up to five years.

Disclosure of the contents of an illegally recorded conversation, when accompanied by the knowledge that it was obtained illegally, is a misdemeanor that can be punished with a fine of up to $5,000 and imprisonment for up to two years. Civil damages are expressly authorized for the greater of actual damages, $100 for each day of violation or $1,000. Punitive damages and attorney fees also are recoverable.

That being said, in this particular situation does not fit the statute as this is a public place with no expectation of privacy and because the cameras are visible there is a rebutable presumption of consent.

Find another job.

 

[formerlsa]

thank you

Thank you both for your replies. I just wanted to know what the law was. Breeze, I appreciate what you wrote until your comment at the end to go find another job. If I wanted to , I would.I also have a seasonal position at an unbelievable place(the home of the Patriots) which is fun and lots of money! You might of saw it on TV last night! My question had nothing to do with wanting to look anywhere else for a job, I like it there, after many years of working a union position with the railroad, I am older now and this STILL is a very relaxed, easy going, good paying place for ME. My regulars treat me very well and I support my children and pay for my home in MA with my income, and BTW I am a single Mom because of my own choice and have worked all my life. SO, no need for the "comment". Anyhow, thanks for finding out the law

 

[Some Random Guy]

...in this particular situation does not fit the statute as this is a public place with no expectation of privacy and because the cameras are visible there is a rebutable presumption of consent.

I'm not sure I fully agree with that. The pub employees are fully aware of the cameras and sound recording. But the pub patrons may not see the cameras and would most likely expect that their audio conversations were not being recorded. Of course, this has nothing to do with the poster since they are not a patron.