New advanced recording and transcription features in smartphones and other devices offer increased employee efficiency but raise privacy and legal concerns for employers. Companies must navigate these risks carefully, especially in states with strict consent laws and under the National Labor Relations Act (NLRA). Click here for article.
Employers have legitimate interests in restricting workplace recordings to protect privacy and trade secrets.
Policies limiting workplace recordings must consider legal exceptions, such as protected whistleblower activities and NLRA rights.
Some states require all parties in a conversation to consent to recording, and failure to comply can result in criminal penalties.
Employers should narrowly craft recording policies to avoid legal scrutiny while safeguarding sensitive information.
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