Warning: What you say is being recorded

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   Massachusetts private-sector employers are subject to the Massachusetts Privacy Act, which states: “A person shall have a right against unreasonable, substantial or serious interference with his privacy.” The state also has a wiretapping statute that prohibits recording audio without the consent of all parties who are recorded. As a result, it’s prudent for an employer to notify employees, via a posting, handbook, or some other written documents, that security cameras are in use (lowering their expectation of privacy).

If the security cameras will capture sound, anyone recorded must be notified that the recording is in process, the areas in which it occurs, and that continued employment (or remaining in the area for visitors) is consent to being recorded. You should have employees acknowledge receipt of that information in writing.

Trevor Brice is an associate at the firm of Skoler, Abbott & Presser, P.C., in Springfield, Massachusetts and can be reached at 413-737-4753 or tbrice@skoler-abbott.com.