Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Private contracts can not invalidate federal laws or rights, although many corporations would like you to think that.


Right, you have to agree to audio recording in certain states (google 2-way recording laws). To ensure they have that acceptance, they have you sign a disclosure that audio recording may happen while you are using work resources. Nothing federally that is being invalidated here, just CYA for all 50 states


Except that I live in Canada where the laws are different. You may be able to record employees with consent in the workplace, but that doesn't extend into allowing an employer to apply surveillance into an employees private spaces and personal life. I am saying 'private space' intentionally, because public spaces are regulated differently. The laws around employee monitoring are rapidly changing in Canada however. I am hoping that we will see stronger regulations in the future regarding the use of surveillance in the workplace. One party consent exists in Canada, but that assumes a call between two people where one person is recording the call. What is being described is an employer that is recording video and audio indiscriminately at all times. This also is not allowed in America.

https://en.wikipedia.org/wiki/Indiscriminate_monitoring

The right to privacy in the constitution is most explicitly mentioned in Amendment I, Amendment III, and Amendment IV of the U.S. Constitution. The privacy of belief, privacy of home, and privacy of the person and possessions is included in the U.S. Constitution.[19]

Further reading: https://en.wikipedia.org/wiki/Right_to_privacy

In regards to my comment about contracts, I have seen several contacts where employers think they can negate laws by adding clauses to their contracts. I am sure you have seen some of these these clauses, such as non-compete clauses. I know this is still legal in some states, but it isn't here, and adding such a clause is not enforceable.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: