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Is it illegal to have video/audio surveillance at a workplace…

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Is it illegal to have...
Is it illegal to have video/audio surveillance at a workplace when it is posted? We are a tutoring center and feel it is for the safty of the child and tutor.
Submitted: 3 years ago.Category: Employment Law
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6/2/2015
Employment Lawyer: Ely, Counselor at Law replied 3 years ago
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,584
Experience: Years of experience in running a medium sized law firm.
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Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
No, it is not.
The law in CA disallows the use of a concealed camcorder, motion picture camera, or photographic camera of any type to secretly record a person while in a dressing room, tanning booth or while in any area where the person has a reasonable expectation of privacy. Cal. Penal Code § 647(j).
However, businesses have every right to record their premises. Just like any other business, the tutor center is a business and can record on its premises provided it is not where a person has reasonable expectation of privacy (such as bathroom, etc).
Anyone claiming that they cannot/should not be taped at the center is simply wrong, and really has no case provided the above is followed.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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Category: Employment Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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