Can Your Boss Legally Watch You on Camera All Day?

Your boss can legally watch you on camera during work hours in most situations, but there are important limits on where cameras can be placed and whether audio can be recorded. In New Mexico and most states, employers have the right to use security cameras in common work areas like lobbies, hallways, warehouses, and sales floors without asking employee permission. However, cameras cannot be placed in areas where employees have a reasonable expectation of privacy, such as bathrooms, locker rooms, or break rooms.

The legality of workplace surveillance depends on several factors: where the cameras are located, whether they record audio, what the cameras are used for, and whether employees have been notified. Understanding these rules helps both employers create legal security systems and employees know their privacy rights at work.

Where Can Employers Legally Place Security Cameras?

Employers can install security cameras in most work areas without violating privacy laws. Common legal camera locations include:

• Building entrances and exits
• Parking lots and garages
• Warehouses and storage areas
• Retail sales floors
• Manufacturing floors
• Office hallways and common areas
• Loading docks and exterior areas
• Cash register areas

These areas are considered part of normal business operations where employees don't have a reasonable expectation of privacy. Employers use cameras in these locations to prevent theft, monitor productivity, ensure safety, and protect against liability claims.

However, employers cannot place cameras in private areas. Illegal camera locations include:

• Bathrooms and restrooms
• Locker rooms and changing areas
• Break rooms designated for employee use
• Private offices with closed doors (in some states)
• Areas where employees change clothes

Installing cameras in these private spaces violates employee privacy rights and can result in serious legal consequences for employers, including lawsuits and criminal charges.

The Audio Recording Question

Video recording and audio recording have completely different legal standards. While employers can generally record video in work areas, recording audio is much more restricted.

New Mexico is a "one-party consent" state for audio recordings. This means at least one person in the conversation must consent to being recorded. However, most workplace security cameras that record audio would violate federal wiretapping laws unless the employer clearly notifies all employees about audio recording.

Many employers choose to disable audio recording on their security cameras entirely to avoid legal complications. Video-only surveillance provides security benefits without the complex legal requirements of audio recording.

For Albuquerque businesses looking to install compliant security camera systems, professional security camera installation ensures your system meets legal requirements while protecting your business.

Do Employers Have to Tell You About Cameras?

Legal requirements for notifying employees about security cameras vary by state. New Mexico doesn't have a specific law requiring employers to notify employees about video surveillance in common work areas.

However, many employers choose to notify employees anyway for several good reasons:

• Reduces legal liability if surveillance is ever challenged
• Improves the deterrent effect (visible cameras prevent theft)
• Maintains trust and transparency with employees
• Avoids potential claims of hidden surveillance
• Creates clear expectations about workplace monitoring

Notification typically happens through employee handbooks, posted signs, or statements in employment contracts. Many businesses post clear signs like "This area is under video surveillance" at building entrances and throughout the facility.

What Can Employers Use Camera Footage For?

Employers can use security camera footage for legitimate business purposes:

Theft Prevention and Investigation: Cameras help identify employees or customers stealing merchandise, equipment, or supplies. Footage provides evidence for disciplinary actions or criminal prosecution.

Safety and Liability Protection: Video evidence protects businesses from false injury claims and helps investigate actual workplace accidents. Footage shows what really happened during incidents.

Performance Monitoring: Employers can review footage to monitor employee productivity, customer service quality, and compliance with company procedures. However, constant monitoring of individual employees may cross legal lines in some situations.

Security Threats: Cameras help identify unauthorized visitors, monitor building access, and respond to security incidents or emergencies.

Employers cannot use camera footage for illegal purposes like discriminating against protected classes, retaliating against whistleblowers, or monitoring union organizing activities.

Employee Privacy Rights at Work

While employers have broad rights to use surveillance, employees still have some privacy protections:

Reasonable Expectation of Privacy: Employees have privacy rights in bathrooms, changing areas, and other locations where people reasonably expect privacy. Courts generally protect these areas from surveillance.

Off-Duty Conduct: Employers generally cannot surveil employees during breaks in private break rooms or outside work hours. What you do on your lunch break in your car is typically private.

Protected Activities: Employers cannot use surveillance to interfere with union organizing, whistleblowing, or other legally protected employee activities.

Discrimination: Surveillance cannot be used to target employees based on race, gender, religion, age, disability, or other protected characteristics.

What About Remote Work and Home Surveillance?

The rise of remote work has created new surveillance questions. Can your employer require you to keep your webcam on all day while working from home?

Generally, employers have less surveillance authority when employees work from home. Your home is private property where you have much stronger privacy expectations than at a workplace.

Employers can require webcams during specific meetings or check-ins, but requiring constant webcam surveillance in your home raises serious privacy concerns. Some states have passed or proposed laws limiting employer surveillance of remote workers.

When Workplace Surveillance Goes Too Far

Even legal surveillance can create hostile work environments if taken to extremes. Courts have found some surveillance practices unreasonable:

• Constant monitoring of individual employees doing routine work
• Surveillance clearly intended to intimidate or harass
• Recording in areas employees reasonably believe are private
• Using surveillance to retaliate against complaints
• Monitoring that targets specific protected groups

If you believe your employer's surveillance violates your privacy rights, document what's happening and consider consulting an employment attorney. New Mexico employees have legal protections against unreasonable workplace surveillance.

Security Cameras vs. Employee Monitoring Software

Security cameras aren't the only workplace surveillance tool. Many employers also use computer monitoring software that tracks:

• Websites visited
• Emails sent and received
• Keystrokes and screenshots
• Time spent on applications
• Files accessed or downloaded

Computer monitoring generally has the same legal framework as video surveillance. Employers can monitor company-owned computers and networks used for work purposes. However, employers should notify employees about monitoring and limit surveillance to work-related activities.

Best Practices for Legal Workplace Surveillance

Employers who want legal, effective security camera systems should follow these best practices:

Develop Clear Policies: Create written policies explaining where cameras are located, what they record, how footage is used, and how long it's stored. Include policies in employee handbooks.

Notify Employees: Tell employees about surveillance systems during hiring and post visible signs throughout the facility. Transparency reduces legal risk.

Limit Camera Placement: Only place cameras in areas with legitimate business purposes. Avoid private spaces and areas where surveillance isn't necessary.

Disable Audio Recording: Unless you have specific legal advice saying otherwise, disable audio on security cameras to avoid wiretapping issues.

Secure Footage: Limit who can access camera footage and how long it's stored. Treat surveillance footage as confidential business information.

Use Professional Installation: Work with professional installers who understand legal requirements and can design compliant systems.

The Bottom Line on Workplace Cameras

Your boss can legally watch you on camera during work hours in most common work areas. Employers have broad rights to use video surveillance for security, theft prevention, and monitoring business operations. However, cameras must stay out of private areas like bathrooms, and audio recording faces stricter legal requirements.

Employees have privacy rights even at work, particularly in areas where they reasonably expect privacy. Understanding where those lines are helps both employers create legal security systems and employees know when surveillance crosses legal boundaries.

If you're an Albuquerque employer considering security cameras for your business, professional installation ensures your system protects your business while respecting employee privacy rights and staying within legal requirements. Contact Wired NM today to discuss security camera solutions that meet your business needs while maintaining compliance with workplace surveillance laws.