Workplace Strategies Watercooler 2024: The Tea on Secret Recordings at Work

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Karen Morinelli (shareholder, Tampa), Burt Garland (shareholder, St. Louis), and Mike Matula (shareholder, Kansas City) discuss the increasingly common scenario of employees and managers making secret recordings in the workplace. Our speakers review when surreptitious recordings are lawful and when they might run afoul of the Federal Wiretap Act, federal labor laws, or state laws. They also discuss employers’ rights and risks when implementing and enforcing “no-recording” policies in addition to strategies for dealing with secret recordings when they are first disclosed in litigation.