News & Analysis as of

Audio Recording Employer Liability Issues

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

AI Notetaking Tools Are All the Rage – But Should You Use Them? Employers Should Weigh These Risks First

Fisher Phillips on

Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...more

Dentons

HR Quick Take: Recorded Workplace Conversations

Dentons on

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?...more

Miles & Stockbridge P.C.

Workplace Surveillance and Recording

More and more, employers have considered using surveillance within the workplace, whether it is to prevent theft, measure productivity, or simply monitor what employees are doing when they are on the clock. While these are...more

Littler

Wiretapping employees in the Netherlands - let's run the tape?

Littler on

A sales adviser of an exclusive car dealer proved to be overly enthusiastic when he confided to a customer, in a phone call during working hours, that he was starting out for himself "in the background" and asked the customer...more

Littler

The Netherlands: Get the tape rolling…

Littler on

It is becoming increasingly common for employees in the Netherlands to record the smartphone conversations they have with their employers in order to collect evidence, exert some pressure, or for use in court proceedings,...more

Proskauer - Labor Relations Update

NLRB Majority: Employer May Continue “No Recording” Rule, Even After Unlawfully Applying it to Single Employee

In AT&T Mobility LLC , 370 NLRB No. 121 (2021), the NLRB majority (Members Ring and Emanuel) held that the Employer could lawfully maintain a workplace policy prohibiting its workers from recording conversations with their...more

McNees Wallace & Nurick LLC

Nanny Cams & Workplace Privacy: PA Supreme Court Provides Clarity on Domestic Employees’ Expectation of Privacy

In the recent decision of Commonwealth v. Mason, the Pennsylvania Supreme Court held that a nanny did not have a reasonable expectation of privacy while working inside the home of her employer.  Thus, the employer’s decision...more

WilmerHale

Identifying the Legal and Business Risks of Disinformation and Deepfakes: What Every Business Needs to Know

WilmerHale on

Disinformation and “deepfakes” pose growing threats to the private sector. Already, disinformation has been weaponized to harm brands, move markets, and undermine trust in companies and industries. One recent study estimated...more

FordHarrison

[Expletive] My Coach Says

FordHarrison on

For all their recent excellence and success, the NBA’s Golden State Warriors have developed something of a tedious routine. ...more

Latham & Watkins LLP

Implicaciones Laborales en la Nueva Ley de Protección de Datos y Derechos Digitales

Latham & Watkins LLP on

La Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos y Garantía de Derechos Digitales incluye novedades importantes desde una perspectiva laboral. PRINCIPALES NOVEDADES - ..Derecho a la Desconexión Digital...more

Latham & Watkins LLP

Spanish Data Protection and Digital Rights Law Secures Employees’ Right to Privacy

Latham & Watkins LLP on

The Spanish Digital Rights Act includes new rights and monitoring developments relevant to both employers and employees. KEY FOCUS AREAS - ..Digital disconnection rights ..Employees’ and employers’ rights relating to the...more

Proskauer - Law and the Workplace

[Podcast]: Can My Employees Do That?

In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins conduct the first part in a series of podcasts entitled, “Can My Employees Do That?” In this installment, Harris and Howard discuss workplace...more

Akerman LLP - HR Defense

Covert Employees: Recording Conversations at Work

Can an employee secretly record conversations with a co-worker, supervisor, human resources manager or executive and use that recording in a claim or lawsuit against his/her employer? ...more

FordHarrison

"This Call is Being Recorded": Secret Workplace Recordings

FordHarrison on

Increasingly, stories are appearing in the news about employees who have secretly recorded their colleagues and supervisors at work. It may come as a surprise that such recordings may be completely legal. The ease with which...more

Littler

Hit the Pause Button: The Implications of Recording in the Workplace

Littler on

Workplace recordings have made headlines in recent weeks. For example, Omarosa Manigault-Newman publicly played a recording of a meeting with her then-boss, White House Chief of Staff John Kelly, to bolster her claim that he...more

Pillsbury Winthrop Shaw Pittman LLP

The Privacy Perils of Employees’ Personal Phone Calls

California court: Employers unwise to permit use of company telephones for personal calls — at least if the employer plans to record those calls. Two-party consent means two-party consent: All parties to a call must be...more

Troutman Pepper

Surveillance In The Workplace

Troutman Pepper on

Q. Can employers prevent employees from recording conversations in the workplace. A. Sometimes. As technology continues to advance, so does the likelihood that everything you say and do is being recorded, even in the...more

Zelle  LLP

Documentation, Recording, and Credibility

Zelle LLP on

Credibility matters in many employer-employee interactions. Hiring or promotion decisions may be made, in part, based on a candidate’s apparent trustworthiness. Internal investigations seek to determine who to believe. Jobs...more

McGuireWoods LLP

Second Circuit Upholds NLRB Order Finding Grocer’s No Recording Policy Unlawful

McGuireWoods LLP on

On June 1, the Second Circuit issued a summary order in Whole Foods Market Group, Inc. v. NLRB, affirming the National Labor Relations Board’s order in Whole Foods Market, Inc., 363 NLRB No. 87 (2015), where the Board found...more

Obermayer Rebmann Maxwell & Hippel LLP

Circuit Court is asked to Overturn NLRB’s Decision Allowing Surreptitious Workplace Recordings

Can employees record conversations at the workplace without the consent of the speakers? Or, can an employer enforce a policy that prohibits employees from recording conversations at work unless they have the consent of all...more

Franczek P.C.

Governor Quinn Signs New Eavesdropping Law

Franczek P.C. on

As one of his last official actions in 2014, outgoing Illinois Governor Pat Quinn signed Senate Bill 1342, which amends the Illinois eavesdropping law that the Illinois Supreme Court found unconstitutional early in 2014....more

Proskauer - Whistleblowing & Retaliation

Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup

2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the new year....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad

The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly...more

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