Editor's Note: In light of the National Labor Relations Board decision in Stericycle, employers should work with legal counsel before implementing any conduct-related policy to ensure that it is narrowly tailored to the employer and advances a legitimate and substantial business interest.
[Company Name] prohibits employee use of audio and video recording in the workplace, including camera-equipped phones, tablets and other devices, when necessary to secure patient/client privacy and/or to protect trade secrets and [include any other specific proprietary business information].
Restrictions on Employee Recording
- Employees are prohibited from bringing audio or video recording devices into areas where patient or client privacy may be compromised.
- Employees are prohibited from bringing audio or video recording devices into areas and/or meetings where company trade secrets or [enter specific proprietary business information] could be disclosed.
- Employees may record workplace activities that are not prohibited by law or do not compromise confidential information as described above.
[Company Name] reserves the right to install security cameras in work areas for specific business reasons, such as security, theft protection or protection of proprietary information.
[Company Name] may find it necessary to monitor work areas with security cameras when there is a specific job- or business-related reason to do so. The company will do so only after first ensuring that such action is in compliance with state and federal laws.
Employees should not have any expectation of privacy in work-related areas.
Employee privacy in nonwork areas will be respected to the extent possible. [Company Name]'s reasonable suspicion of onsite drug use, physical abuse, theft or similar circumstances would be possible exceptions. Legal advice will be sought in advance in such rare cases where nonwork-area privacy must be compromised.
Employees should contact their supervisor or the human resource (HR) department if they have questions about this policy.
Nothing in this policy is intended to, nor should be construed to limit or interfere with employee rights as set forth under all applicable provisions of the National Labor Relations Act, including Section 7 and 8(a)(1) rights to organize and engage in protected, concerted activities regarding the terms and conditions of employment.