Workplace Surveillance Laws in Pennsylvania

Is Your Employer Allowed to Spy on You?

In our era of increasing surveillance, you may be wondering if your employer is monitoring what you say and do in the workplace. The answer is that they may be—including your email, phone conversations, and what you say at work—and that this may or may not be lawful.

The rules surrounding workplace surveillance are confusing and thorny for both employers and employees. And they’re also high-stakes. Employees have been fired for things they’ve said in situations they believed to be private, and employers found to break the law can be charged with a third-degree felony.

Here’s a look at the complex question of workplace surveillance laws in Pennsylvania. 

Video Surveillance

Under the Pennsylvania Wiretapping and Electronic Surveillance Control Act, it’s unlawful to intentionally intercept or attempt to intercept wire, electronic or oral communication; and knowingly share or use those communications.

In general, it’s legal in Pennsylvania for employers to have video cameras at worksites, as long as they are not in a place where the workers have a reasonable expectation of privacy, such as a bathroom or break room.

However, there are loopholes. For instance, video surveillance without sound recording is treated much more leniently under this law.

Pennsylvania is a “two party consent” state, which means both parties have to consent to be recorded. However, what constitutes consent can also be tricky. In general, the courts in Pennsylvania apply a “reasonable person” standard: would a reasonable person know they are being recorded?

This may come down to whether your employer’s policies state that you will be recorded in the workplace, whether cameras are clearly visible, or whether you signed an agreement accepting the surveillance at some point.

Email Surveillance 

In general, Pennsylvania allows employers broad latitude to monitor employee emails. In previous court decisions, judges have not ruled in employees’ favor when they were fired because of things they said in emails or had those emails made public, even when the employer told the employee that their emails would remain confidential.

This is usually because the employer stated in their policies that emails are monitored, so a reasonable person should assume they do not have email privacy regardless of what they were told. So in other words, courts have ruled that employees do not necessarily have a reasonable expectation of privacy with regard to workplace emails even if your employer tells you that your emails are private.

Phone Recordings

The Wiretap Act applies to phone recordings as well as video recordings. Pennsylvania is a “two party consent” state, meaning that in order to legally record audio, both parties need to consent. If an employer breaks this law, they may have committed a third-degree felony.

As with video recordings that include audio, what constitutes consent can be tricky. The courts apply a “reasonable person” standard: would a reasonable person know they are being recorded? For instance if your employer’s policies state that you will be recorded in the workplace, or you signed an agreement to have your calls recorded, you could be said to consent.

In addition, in Pennsylvania courts, it is broadly assumed that you consent to be recorded when you continue talking in a situation where you know or should reasonably know you are being recorded.

Have You Been Unlawfully Recorded? Speak to an Employment Attorney

The laws and rules around whether you can be recorded at work are complicated. If you’re not certain whether you’ve been recorded unlawfully, you should speak to a knowledgeable Pennsylvania employment attorney.

Your attorney can determine whether the law has been broken, and help you gain restitution in court. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today.

The information provided here does not constitute legal advice. It is intended for general purposes only. If you have questions about a specific legal issue, you should speak to an attorney.