Is it OK for an employer to record audio with consent via their cameras?

UPDATED: Sep 30, 2022

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Is it OK for an employer to record audio with consent via their cameras?

Also, is it OK for them not to give lunch breaks? And is it OK for them not to pay non exempt employee’s and expect them to take calls on there time off?

Asked on April 5, 2017 under Employment Labor Law, New Hampshire


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As long as employees are informed of the fact that such recordings are taking place, they are legal. Typically, however, cameras and recording equipment are not allowed in "private" areas such as bathrooms, changing rooms, break rooms, etc. As for meal breaks, N.H. law requires employers to provide a 30 minute meal break (which can be paid or unpaid at the employer's discretion) after an employee has worked 5 consecutive hours, unless the employer allows the employee to eat while working and it is possible for them to do so.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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