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No waivers needed to place cameras in production areas

June 2022 employment law letter
Authors: 
Martin J. Regimbal, The Kullman Firm

Q         We plan to install security cameras in the production area of our nonunion food packaging facility because of an increase in damaged product and safety incidents. Can we post signs at all entrances stating surveillance cameras are in use, or do we need to have each employee sign a waiver?

A   You don’t need a waiver from employees to place cameras in your facility’s production areas. Nevertheless, placing them on notice of the cameras and their purpose (as you intend to do) is advisable.

Although your facility isn’t unionized and the cameras are intended to address safety issues and investigate product damage as it arises, the National Labor Relations Act (NLRA) would still prohibit you from surveilling employees for the purpose of discouraging their engagement in protected concerted activity.

Martin J. Regimbal, a Shareholder of The Kullman Firm in Columbus, Mississippi, may be reached at mjr@kullmanlaw.com.

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