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For company meetings, 1:1s etc...it is not illegal. A company can monitor everything within limits (restrooms etc...).
Uh, no.
In most states, you can't record a conversation unless you're actually a party in the conversation. In the 12 remaining states, both parties must consent to the recording.
Who must give permission to record a telephone or in-person conversation?
Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation. Furthermore, if you are not a party to the conversation, a "one-party consent" law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.
In addition to federal law, thirty-eight states and the District of Columbia have adopted "one-party consent" laws and permit individuals to record phone calls and conversations to which they are a party or when one party to the communication consents. See the State Law: Recording section of this legal guide for information on state wiretapping laws.
When must you get permission from everyone involved before recording?
Twelve states require the consent of every party to a phone call or conversation in order to make the recording lawful. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington (Hawai'i is also in general a one-party state, but requires two-party consent if the recording device is installed in a private place). Although they are referred to as "two-party consent" laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people. In some of these states, it might be enough if all parties to the call or conversation know that you are recording and proceed with the communication anyway, even if they do not voice explicit consent. See the State Law: Recording section of this legal guide for information on specific states' wiretapping laws.
Can you record a phone call or conversation when you do not have consent from one of the parties?
Regardless of whether state or federal law governs the situation, it is almost always illegal to record a phone call or private conversation to which you are not a party, do not have consent from at least one party, and could not naturally overhear. In addition, federal and many state laws do not permit you to surreptitiously place a bug or recording device on a person or telephone, in a home, office or restaurant to secretly record a conversation between two people who have not consented.
Federal law and most state statutes also make disclosing the contents of an illegally intercepted telephone call illegal. See the section on Risks Associated with Publication in this guide for more information.
That said, I don't see an example of an conversation being recorded in the OP's post.
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As far as I know, the calls aren't recorded. I assume they could be.
As far as company equipment, not sure about that. I work from home. The company gave me the computer I work on, however, it is my phone and my personal phone number that I call from. Incidentally, I also worked from home for another company. They sent me a form that stated they could/would record me and listen in. I had to sign the form and it was specifically for when I discussed tax law with clients. It didn't cover internal conversations (the letter specifically stated that, although I didn't believe they weren't listening in to ALL calls).
Also, there are wiretapping laws in my state. Do they protect employees at any level? I don't particularly have an issue with them listening or recording (I'd prefer they not b/c I think it creates a totally distrustful environment); but I do think they should have to tell me they're doing it. I think that's what has surprised me the most: the whole sneaky secrecy thing.
There is not an issue. I think more of a misunderstanding.
Yerah, thats what I was thinking the OP said REcording when they really meant "Open MIke"...
To the OP, unless your employer has a written poicy you signed giving them permission to record youtr converations, or they inform you at each call, in is my understanding its illegal. That does not mean its illegal to record the sounds in the room that may also includes the sounds from the speaker phone, but they can't be recording the phone portion directly off the lines.
But, that is absoluteley not the same as an open mike situation, which appears to be what you are describing. An open mike is where your on a speaker phone or others have the ability to hear the discussion. Open Mile discussions (and a recording of the room converstaion) woud be at the employers descretion if for company legitimate purposes. Most likely somewhere in some paper or notice you received from the company it sates that conversations and meetings may be recorded for accuracy or training. Open Mike is legal.
I can't fathom they would have to identify everyone who is in a room listening to a phone conversation from a legal perspective. Although I agree it is a bit disturbing.
There is a blinding flash of the obvious residing here. Anytime, ANYTIME, I'm on a call and the call is on speaker at the other end, I ALWAYS ask who, if anyone else, is in the room. Conversely, I always introduce the others in my office if I happen to have my phone on speaker.
I don't think they should do it. But it's not illegal (at least not in most areas).
But then, it's the next logical step in waving a big red flag that says, "We don't trust our employees." It started with drug tests before hiring and has now extended to random drug testing, monitoring and recording phone conversations, monitoring and logging internet use and asking for employees' social media and email account information for further snooping. Sadly, people seem to be less and less concerned with their privacy.
Personally, I would refuse to work for a company that did any of the things I mentioned--especially without my knowledge and consent. Not because I am prone to doing illegal or time-wasting things, but because it expresses terrible lack of trust in the employee and the person who did the hiring. If you trusted me enough to hire me, you should trust me enough not to monitor my life.
As long as an employee is doing his or her job in a satisfactory way and not creating any problems, there shouldn't be a need for any of that stuff. If an employee is doing an unsatisfactory job, kick him or her to the curb and hire someone who will do the job right. There's no need for all of this privacy invasion.
In most states, it's not only unethical, but also illegal.
Not even a little bit illegal.
1. It is not being recorded
2. Even if it was, MOST states are a 1 party recording law. Meaning, as long as ONE party to the conversation knows it is being recorded, it is a legal recording.
There is a blinding flash of the obvious residing here. Anytime, ANYTIME, I'm on a call and the call is on speaker at the other end, I ALWAYS ask who, if anyone else, is in the room. Conversely, I always introduce the others in my office if I happen to have my phone on speaker.
Absolutely. It's common courtesy and prevents HR issues from someone finding out there were other people there.
In most states, you can't record a conversation unless you're actually a party in the conversation. In the 12 remaining states, both parties must consent to the recording.
That said, I don't see an example of an conversation being recorded in the OP's post.
If it is stated in the employee handbook, then you can record. I am going to guess like at most legit companies, the handbook will state that all communications, actions blah blah blah while using company equipment may be recorded and logged. Something a long those lines.
so uh, ya
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