For the most part, video surveillance is legal in the workplace. However, under Section 203-C of the New York Labor Law, employers cannot record video of an employee in a locker room, restroom or other area where employees change their clothes. The only exception to this is if there is a court order allowing videotaping. If an employer does videotape an employee in these areas, they cannot use the video for any purpose. For example, if they catch an employee stealing from a locker room, they cannot use that video as evidence. They also cannot use the video to change a person's employment in any way. An employer cannot, for example, demote a person, decrease their pay, change their position or fire them based on what they see in the video.