July 17, 2023 - Given the ubiquitous nature of smartphones today, employee workplace recordings have become incredibly commonplace over the past few years. Scrolling through social media, you are likely to find countless videos of employees at work recording rude customers or themselves or their co-workers ruminating, if not complaining, about something that happened at work. While these recordings can seem innocuous to some, employers must understand that such recordings can have much broader implications from a legal perspective.

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In light of the potential consequences resulting from employee workplace recordings, some employers may be inclined to just ban all such recordings to avoid the problem entirely. Unfortunately for these employers, such an approach may be at odds with federal labor law. On the other end of the spectrum, permitting employees to record anything they want at work puts employers at risk of violating privacy and wiretapping laws, inadvertently disclosing confidential and trade secret information, and experiencing non-legal negative consequences to the employers' reputation and customer and business relationships.

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With these competing interests, what is an employer to do nowadays? Below are some considerations and recommendations employers should take into account when developing and applying their employee workplace recording policies.

Employee recordings can be protected under...

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