Biometric, Video, and Mail Monitoring; Union Activity
Three state biometric laws reach employer data: Illinois BIPA (notice, consent, and a private right of action), plus Texas and Washington (no private right of action). Federal law generally does not limit silent video; state laws bar cameras in restrooms/changing areas. Business mail is 'delivered' on arrival. The NLRB protects some employee social-media complaints.
| State | Key feature |
|---|---|
| Illinois (BIPA) | Notice + informed consent; includes a private right of action (many employment class actions) |
| Texas | Applies to employers; no private right of action |
| Washington | Applies to employers; no private right of action |
Federal wiretap/stored-record statutes do not reach silent video (cameras without sound). State law and common law still limit cameras in restrooms, locker rooms, and changing areas; collective bargaining agreements may also apply.
Mail is 'delivered' when it reaches a business, so opening business mail (even if not the intended recipient) does not violate the federal statute, though state common law poses some risk. Per the NLRB, employees' social-media speech complaining about managers, coworkers, or the company may be protected.