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Recording Communications and Surveillance Laws by State

Author: Beth P. Zoller, XpertHR Legal Editor

The following chart summarizes key provisions of state laws related to recording employee communications and surveilling employees. These laws generally apply to all employers, subject to limited exceptions for law enforcement and some public employers. States with no requirements regarding recording communications or monitoring employees are marked N/A. In the absence of state requirements, federal rules may apply.

An employer should have a legitimate business reason for monitoring employee communications and activities. Providing advance notice of the employer's need to monitor workplace activity may help to reduce the risk of invasion of privacy claims. Cameras and Video Surveillance handbook statement can be used to inform employees they may be subject to monitoring.

For more information on how an employer can monitor employee activity in the workplace please see How to Conduct Video Surveillance and How to Monitor Employee Telephone Use.

Due to its large size, this chart is presented in a pop-up overlay. To view the chart in full size, simply click anywhere on the thumbnail image below. Then navigate the chart by clicking and dragging. To close the chart, click on the "X" in the upper-right hand corner.