Can policy bar recording of conversations without the consent of all?

Is it appropriate for our company to incorporate a statement in our communications policy requesting that no conversations be recorded without the consent of all parties?

Steve Duggan replies:

Yes, that is an appropriate policy. In fact, the law in many jurisdictions, including California, my home state, makes it a crime to record conversations without everyone’s consent. The only exception I’m familiar with, is the law enforcement exception.

Posted 12-15-2015

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Steve Duggan graduated from the Law School at the University of Notre Dame while on active duty in the Air Force. He has extensive experience representing management litigating cases of wrongful termination, employment discrimination, and sexual harassment. Steve also has experience in all phases of administrative litigation of unfair labor practice charges, and class and individual complaints of employment discrimination. He has been an instructor of seminars for supervisors and managers on labor management relations and other personnel issues, and for lawyers in basic and advanced trial advocacy courses. Steve came on board with Fair Measures in 1998.