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Are Covert Recordings in the Workplace Legal? Chris Taylor Discusses on WIBC


Bingham Greenebaum Doll LLP attorney Christopher R. Taylor recently discussed the legality of covert recordings in the workplace with radio host John Kesler on 93.1 WIBC. Taylor was invited to be a featured guest and take questions from listeners after Kesler read his article in the latest issue of BGD Magazine. Taylor’s article, entitled “They Can’t Do That, Can They? Employees and Covert Recordings in the Workplace” focuses on the growing trend of employees surreptitiously recording conversations with managers or supervisors, and the legality of such recordings. The show aired live from approximately 5:15-6:00 p.m. on April 5, 2014.

During the segment, host Kesler posed the question of whether employees could secretly record conversations with their managers or supervisors, without the employer’s knowledge, and then use those recordings as evidence in workplace discrimination claims. Taylor confirmed that such one-party recordings were lawful in most states, and were becoming more common with the increasing prevalence of smart phones equipped with recording devices. Kesler went on to ask what employers could do to protect themselves against covert recordings.

“The employers can adopt policies--an employee handbook policy, for example--that prohibit covert recording in the workplace,” said Taylor. “Those [policies] have been found to be enforceable given certain circumstances. They have to be appropriately and carefully drafted, but they can be enforceable so that the employers may discipline their employees for inappropriately or covertly recording conversations in the workplace.”

Taylor also discussed the possibility that future legislation could be adopted that would address these workplace covert recordings.

Listen to the interview in its entirety here.

To read Taylor’s full article in BGD Magazine, visit the BGD website.

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