voice recording in the work place- legal?

is this legal if you are not told? im asking for someone else, they arent sure how to deal with this.

basically one of the assistant office managers was recording the other girls in the office when she stepped away for lunch

the girls went to the office manager and told her this was going on. she basically told them to deal with it on their own.

can they call the labor board for something like this???

tia

voice recording in the work place- legal?

Federal Law



The laws on workplace recording govern private conversations. Both parties must reasonably expect that their conversation is private and not being overheard. Federal law permits workplace recording if one of the parties consents to the recording. Acceptable forms of notice include oral or written notification, or an audible tone that can be heard throughout the communication.

One-Party Consent



As of April 2011, the law in 38 states permits recording a conversation if one of the parties consents and does not inform the other party that recording is going on. A manager, for example, may record the telephone conversation of an employee in these states even if the employee is unaware of, and does not consent to, the recording. If an outsider comes into the workplace and uses a recorded line, he must be notified and give consent to any recording.



Read more: Legality of Recording in the Workplace | eHow.com http://www.ehow.com/info_8332034_legality-recording-workplace.html#ixzz23oXjswuM

Message edited 8/17/2012 10:35:45 AM.

Re: voice recording in the work place- legal?

Is this in NYS?

Re: voice recording in the work place- legal?

Re: voice recording in the work place- legal?

There was an expectation of privacy if staff were alone. First, I would check if there was an employee manual that states that they may be recorded. My guess is it's not in there unless they're working in a warehouse or high security place.

I'm not an attorney but reading the penal code makes me think it's illegal without the consent of one of the parties present.http://ypdcrime.com/penal.law/article250.htm

I would contact the local precinct's non-emergency number & make a complaint.

This is the law I think it falls under:
§ 250.05 Eavesdropping.
A person is guilty of eavesdropping when he unlawfully engages in
wiretapping, mechanical overhearing of a conversation, or intercepting
or accessing of an electronic communication.
Eavesdropping is a class E felony.

It could also be considered a hostile work environment, particularly because they complained to their manager & nothing was done. Is this a large company? Is there an HR department?

It's worth calling the NYS DOL (518) 457-9000 or (888) 4-NYSDOL to ask because if they reported it & then were fired, I think it would fall under the whistleblower statute. They'd have some protection.

Again if it's in the handbook or if they were stealing, it may be a different issue. If the manager was just being nosy, I'd say she's in trouble.

Message edited 8/17/2012 11:06:02 AM.

Re: voice recording in the work place- legal?

Re: voice recording in the work place- legal?

In NY, we have a single-party consent for recording. That means if the coworker was directly involved in the conversation, she can record it legally. However, if she secretly recorded two or more other people's conversation that she was not involved in, she can't record it.

voice recording in the work place- legal?

I just have to say that is crazy! Secertly taping people on lunch??

Re: voice recording in the work place- legal?