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Video Surveillance

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LUCY88

Junior Member
What is the name of your state (only U.S. law)? Virginia
Our employer set up cameras to watch the break room and time clock area. The cameras are soley for the proof of any vandalism to the new time clock. Is this against the law in Virgina? Do the employees have rights of privacy in the break room. The cameras do not have audio to them?
 


Some Random Guy

Senior Member
Generally, videotaping without audio will be legal in any place where the employee has no expectation of privacy. Since the employer has actively disclosed the presence of the cameras, that will definitely elimate any misguided expectation of privacy in the break room.Virginia law is focused on audio recordings and involuntary video recordings of a sexual nature.

Virginia Code 18.2-386.1 - Unlawful filming, videotaping or photographing of another; penalty - Virginia Virginia Code 18.2-386.1 - Unlawful filming, videotaping or photographing of another; penalty - Virginia Code :: Justia

Also, I expect that this is not just for vandalism prevention, but may also be used in investigations of time card fraud where one employee would clock in/out another employee.
 

cbg

I'm a Northern Girl
No, it's not.

They cannot record in the rest rooms or any changing area, but there's nothing in the law prohibiting them from recording in a break area or lunch room. Who told you that?
 

cyjeff

Senior Member
We are told that if we eat in this room they cannot record it. Is this correct?
This isn't even CLOSE to correct.

In fact, this sounds an awful like something you would hear over a frosty adult beverage.

Eating is not a protected activity.
 

Beth3

Senior Member
In fact, this sounds an awful like something you would hear over a frosty adult beverage.

A mocha frappe? :D
 

LUCY88

Junior Member
video surveillance

We were told that by the Union rep. Yes, before you ask this is the same union that said it was ok to steal. The manager walks through the break room to get to her office, so, it is not like we have the privacy anyway. She (manager) is in and out of the room all day, any day, at any given time. I understand why the cameras were put up, new timeclock but, just wonder if we are correct or off on another fishing adventure. She has said the cameras would not come down because of threats made to the new timeclock, which pretty much ends the time clock fraud that has been going on. Thanks for all your help once again.
 

cbg

I'm a Northern Girl
If I were this company's HR director, I'd be taking a pretty close look at this union rep. I just reviewed the poster's hx and am having a hard time believing that this guy is for real.
 
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justalayman

Senior Member
If I were this company's HR director, I'd be taking a pretty close look at this union rep. I just reviewed the poster's hx and am having a hard time believing that this guy is for real.
in defense of the union rep;

while many see his actions as improper, one has to remember that a union rep is required by law to support the members of the union to the best of their ability. While it appears this guy is a bit over zealous in his claims, if you would walk in his shoes for a mile, you would be a mile away from him and not able to hear him talk...

oh, let me back up.

a union rep will often appear as this simply to avoid to appear as caving in every time the employer makes a claim or alters a rule. While there is a point of over kill, a weak or no defense action puts the union in a position of over all weakness.

As much as I would like to see there be no need for unions, I have seen too many situations where a union was necessary just to keep what everybody accepts as basic standards. I have known people that were fired for the most ridiculous acts, often times illegally. A union helps prevent such poor treatment. I have known situations where people that were discouraged from seeking treatment for a serious injury, even to the point of threatening job loss. (read about Walmart for that one).

If the union requires the employer to prove they are acting properly, it tends to prevent the employer from acting improperly.

there is no "can't we all get along" in the business world. If you give them (either side) an inch, they will take a mile.
 

cbg

I'm a Northern Girl
JAL, did you go back and look at the history? I'm not in any way negating the need for unions, but this is ridiculous.
 

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