May an employer ever conduct audio surveillance of an employee?

Author: Jessica Sussman

Under federal law, an employer generally may only conduct audio surveillance of an employee if at least one party to the conversation consents to the surveillance. The majority of states do not allow covert taping in public workplaces unless an employer provides notice by way of a visible sign or signed agreement. If an employer wishes to conduct audio surveillance in a private area of the workplace, or an employer has not provided the aforementioned notice to employees that they may be under audio surveillance, most states require that at least one party to the conversation consent to the recording, and some states require that all parties to the conversation consent.