News & Analysis as of

Employment Policies Employer Liability Issues Audio Recording

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

With New Record and Transcribe Tools, Should Employers Be Concerned?

New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee...more

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

Dentons

HR Quick Take: Recorded Workplace Conversations

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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

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

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

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

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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

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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

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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