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.