The Federal Wiretapping Act provides that it is unlawful to intercept oral or electronic communications. Both criminal and civil penalties are provided for by this Act. There are two exceptions:
a. An employer can monitor his/her/its telephones in the ordinary course of business through the use of extension telephone; and
b. An employer can monitor employee communications with the employee=s consent. Consent may be established by prior written notice to employees of the employer's monitoring policy. Consent signed by the employee is preferable.
The same principles should apply to video surveillance.
In Nebraska, the Consent of Employee to be Monitored and Recorded for Security Purposes Pursuant to Closed Circuit Video Surveillance — CCTV is a legal document used by employers to obtain consent from their employees for the monitoring and recording of their activities through closed-circuit video surveillance systems. This consent is essential for the employer to comply with the state's laws governing employee privacy and workplace surveillance. The purpose of CCTV in this context is to enhance security measures within the workplace and deter potential criminal activities. By obtaining consent, employers can ensure that their surveillance practices align with legal requirements and protect both their business and employees. The document typically includes relevant keywords and provisions such as: 1. Consent: The main purpose of this document is to obtain the employee's explicit consent to be monitored and recorded through closed-circuit video surveillance systems. By signing this consent form, the employee acknowledges their understanding and agreement to the monitoring and recording. 2. Security Purposes: The surveillance is being conducted solely for security purposes. The employer may emphasize that the CCTV is intended to prevent theft, vandalism, harassment, or any other criminal activity that might occur within the workplace. 3. Closed Circuit Video Surveillance: This refers to the use of video cameras for monitoring and recording activities within the workplace. The term "closed-circuit" implies that the footage is not publicly accessible and is limited to authorized personnel responsible for security. 4. Monitoring and Recording: The document should clearly state that the employee's activities can be both monitored and recorded. Monitoring refers to real-time observation of the video footage, while recording implies the capturing and storage of the footage for a specific period. 5. Privacy: To address privacy concerns, it is crucial to include provisions that limit the use of surveillance footage solely for security purposes and strictly within the workplace premises. Furthermore, it may be necessary to mention that certain private areas, such as restrooms or changing rooms, are exempt from monitoring. It is also essential to note that there may be different types of consent forms based on specific workplace requirements. For example, different industries or job roles might have varying surveillance needs. Thus, employers may need to draft separate consent forms tailored to their unique circumstances. In conclusion, the Nebraska Consent of Employee to be Monitored and Recorded for Security Purposes Pursuant to Closed Circuit Video Surveillance — CCTV is a legal document used to obtain employee consent for workplace surveillance in line with state laws. By openly communicating the purpose and scope of surveillance, employers can maintain a safe and secure working environment while respecting employee privacy rights.
