News & Analysis as of

Audio Recording Workplace Communication

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

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

Parker Poe Adams & Bernstein LLP

Second Circuit Upholds NLRB Ban on No Recording Policy

Last year, the National Labor Relations Board (NLRB) surprised many employers when it declared illegal Whole Foods’ policy that prohibits employees from video or audio recording in the workplace. The Board concluded that the...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

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

Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This...more

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

Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more

Proskauer - Whistleblowing & Retaliation

ARB Rules That Secret Recording of Workplace Conversations Can Be Protected Whistleblowing Activity

On September 28, 2015, the U.S. Department of Labor Administrative Review Board (“ARB”) held that the recording of workplace conversations can be protected whistleblower activity under the Energy Reorganization Act of 1974...more

Laner Muchin, Ltd.

Illinois Resurrects Anti-Recording Law

Laner Muchin, Ltd. on

Most states have laws restricting surreptitious recording of conversations, although the terms often vary as to what consent is required. While a prior Illinois law had been declared unconstitutional after a citizen was...more

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