Can I legally take pictures of co-workers while they sleeping on the job?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I legally take pictures of co-workers while they sleeping on the job?

I work in the medical field as a noc nurse. Lately, we’ve had a few employees sleeping at night. My boss asked me to take pictures of them for proof in order to take action. Is this legal without the permission of the employees? One of them threatened to sue me if she gets fired.

Asked on August 18, 2019 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal: you may take photographs or no-sound videorecordings of people in areas where they have no reasonable expectation of privacy, like at their desks, or in an employee lounge, or a supply room or closet. Because there is no reasonable expectation of privacy, there is no claim against someone who photographs, etc. a person in those circumstances; there is no violation of any privacy rights and no grounds to sue.
You can't photograph, etc. in bathrooms, locker rooms, changing rooms, etc., however--places where people do reasonably expect, and society supports that expectation of, privacy.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption