The proliferation of recording devices in our society offers employees the opportunity to easily record conversations in the workplace, which has brought up interesting legal questions in the 37 states where anti-wiretap laws don’t prohibit recording a person without their knowledge. Philip Gordon writes in Littler Mendelson’s Workplace Privacy Counsel about a recent case in which an administrative law judge (ALJ) rejected the National Labor Relations Board’s (NLRB) stance that workers “have a legally protected right to record their coworkers and managers.” In the case, the ALJ found that the company’s ban on workplace audio recording was lawful, and while the decision is not binding on the NLRB, the decision will likely be appealed to the board and offers important guidance for employers.
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