Our very own HR Law Matters contributor Jim McCabe has written an insightful analysis on whether employers can prohibit employees from secretly recording conversations in the workplace. The article was published yesterday on Law 360 and can be viewed here.
The article discusses the types of legal challenges to policies and practices limiting secret workplace recordings that have been brought under federal whistleblower statutes, federal nondiscrimination laws, and the National Labor Relations Act.
Jim’s article reviews these challenges and offers thoughts on the risks employers face when they consider enacting or enforcing such policies on secretly recording conversations in the workplace. He offers considerations all employers must weight before deciding to take an action — such as terminating an employee — for secretly recording conversations.
This article is a must-read for employers, whether they have such a policy, have considered creating one, or just want to be sure they are aware of the benefits and risks such a policy could have for their workplace. If you have more questions or want to discuss this topic further, be sure to call or email Jim — he’d be happy to hear from you.