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Circuit Court Is Asked To Overturn NLRB’s Decision Allowing Surreptitious Workplace Recordings

Can employees record conversations at the workplace without the consent of the speakers? Or, can an employer enforce a policy that prohibits employees from recording conversations at work unless they have the consent of all the parties being recorded?  Employers are up in the air over this issue.  The reality of the modern workplace is that nearly every employee owns and carries a smartphone that is capable of producing high quality audio and video recordings.  It is a safe bet that without a clear and strict policy to act as a deterrent, smartphones will be used by employees surreptitiously, potentially damaging workplace relationships, compromising protected information and exposing employers to potential liability. Continue Reading