Recording in the Workplace

The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations in secret. Both types of recordings can constitute felony violations of state criminal laws, unfair labor practices, and sources of civil liabilities. State laws on recording conversations—often addressed under criminal eavesdropping and wiretapping statutes—vary significantly depending on whether a state follows one-party or two-party consent rules. Employers must understand this legal landscape when assessing a range of recording-related issues.

Seyfarth:
Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities