3 Minute Read

May 8, 2025

By Holly H. Williamson and J. Marshall Horton

Categories: Agency Developments, Employment Law, Traditional Labor

In the past, employees recording audio or images in the workplace might resort to use of a bulky tape recorder or a hidden “wire” or camera. Now that smart phones with professional-grade audio and video capabilities are an integral part of our society, clandestine (or blatant) workplace recordings are much more easily accomplished.

With this increased ease of access to reliable and compact recording equipment has come a heightened employer sensitivity to workplace recordings. As a result, many employers are tempted to implement blanket policies prohibiting workplace recordings, or otherwise require management consent to make any workplace recordings.

While some limited prohibitions on workplace recordings are permissible—for instance, to protect confidential business information or private health information—in recent years, the National Labor Relations Board (“NLRB” or the “Board”) has criticized blanket policies prohibiting such activities. The NLRB reasons that policies against workplace recordings may discourage employees from participating in concerted activity with other employees that safeguard their labor rights. In other words, such policies may “chill” employees’ ability to act in concert, and some courts have agreed.

Section 7 of the National Labor Relations Act (“NLRA” or the “Act”) ensures employees’ “right to...

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