“EMPLOYEE SURVEILLANCE - 1. Overview - Increasingly-sophisticated technology provides an employer with multiple forms of employee surveillance. Drones are even emerging in this area. Nevertheless, just because an employer can surveil its employees in multiple ways, should it? An employer should consider the practical and legal consequences before any type of surveillance program is initiated.
2. Legal Limits - Regarding the use of audio surveillance, New Mexico is a “one party consent state,” which means that at least one party to a conversation must consent to its recording. See NMSA § 30-12-1(C) and (E). In other words, an employer can record telephone or in-person conversations without an employee’s consent and, absent company policy, an employee can engage in the same activity.
No New Mexico statutes restrict video surveillance, although common law has created a prohibition providing an employee with a “reasonable expectation of privacy” in such areas as bathrooms or dressing rooms. Video surveillance of employees, which frequently is done for reasons of loss prevention, safety or security, most likely will be done in areas where work is being done. Employees should have no reasonable expectation of privacy in these areas.”
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Our author, Barbara G. Stephenson, is a shareholder/director with Sheehan & Sheehan, P.A. Her area of practice is in employment and labor law (representing employers only), with 25% of her practice devoted to litigation. She has successfully defended local and national employers against a wide variety of employment charges and lawsuits.
Agenda
Faculty
Barbara G. Stephenson
Sheehan & Sheehan, P.A.
- Shareholder/director with Sheehan & Sheehan, P.A.
- Practice limited to employment and labor law representing employers only
- Listed in Chambers USA – America’s Leading Business Lawyers and in The Best Lawyers in America, Labor and Employment Law
- Listed in Southwest Super Lawyers, Labor and Employment Law
- Best of the Bar, Employment Law, 2011
- J.D. degree, University of New Mexico School of Law
- Can be contacted at 505-247-0411 or [email protected]
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