Q: One of my employees has reported that another employee is recording all of their conversations. It makes everyone uncomfortable. What am I supposed to do about this?  

A: In Iowa, a person is allowed to record a conversation so long as one party to the conversation consents to that recording. In this instance, the employee recording is the person consenting, and therefore technically, with limited exception, they are allowed by law to record. 

An employee cannot leave a recording device running and walk away, as at that point no one would be consenting to the recording, and it would violate Iowa Law. 

Even though recording technically complies with the law in the situation described in the initial question, this can be an extremely difficult issue to deal with in workplaces. Employees being recorded may feel intimidated. It can be viewed as highly confrontational as well as bullying. Secret recording is particularly problematic in highly confidential workspaces, such as healthcare, where patient information is protected by HIPAA/HITECH, and could be recorded and shared with others. 

To combat this, employers may have rules about not utilizing recording devices without clear and specific consent from all people involved in the conversations. They may have rules about not recording conversations if certain confidential information is being discussed, such as patient information in healthcare or items that might be subject to the peer review process. Certainly, financial information in a credit union, bank, or other financial company should not be recorded, taken off premises, or utilized for any purposes other than the service of customers.

In the current environment, where secret recording is extremely common, these rules can be difficult to enforce in the workplace (unless they are specifically tied to something like HIPAA/HITECH or the red flag rules). Striking a balance of employee and employer rights is individual to your workplace. 

Another potential strategy, whether a general workplace conversation or an employee performance discussion, the other person in the conversation can say, “I understand that you may be recording this, are you?” and simply ask the question upfront. Lying about whether or not they are recording would undercut the employee’s credibility in relation to the use of that type of recording for other purposes. Additionally, employers can say, “I understand you may be recording. And if you are, I will record as well so that we know that we have an accurate and complete record.” 

Because of the structure of the Iowa law, none of these are perfect solutions for employers. One other suggestion that is easier said than done: try to improve employee culture and workplace behaviors to avoid concerns of this type.