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Recording Communications and Surveillance Laws by State

Author: Beth P. Zoller, XpertHR Legal Editor

While an employer has a legitimate business interest in monitoring the activities and conduct of employees, employees maintain a reasonable expectation of privacy in the workplace. The following chart describes state laws regarding recording of communications and surveillance of employees. Except where otherwise noted, these laws apply to all employers. While state law will dictate legal requirements, it may be best practice for an employer to have a legitimate business reason for recording employee communications or monitoring employee activities and to provide employees with advance notice and obtain consent with respect to employee monitoring and surveillance, as this will reduce the risk of invasion of privacy claims. States that have no requirements regarding recording communications or monitoring employees are marked N/A. In the absence of state requirements, federal rules may apply.