Texas employers may limit or prohibit audio recording in the workplace

With the introduction of camera phones, digital voice recorders, pen recorders, and wristband audio recorders, individuals can effortlessly record anything with the touch of a button. Some of those devices are so small that individuals are unaware they are being recorded. The arrival of new technology has created various implications for employers and employees. While Texas and federal law allow surreptitious recording as long as one party to the conversation consents to recording (of course), some activities still aren’t permitted—e.g., recording conversations in restrooms and installing surveillance cameras in employee changing areas or locker rooms.

The subject of surreptitious recording has been at the forefront of people’s minds, especially with the arrival of small voice recording devices. At one point, the legal community discussed whether it was proper for attorneys to make undisclosed recordings of conversations with clients or third parties. The authorities on the issue originally opined that it was improper for attorneys to record telephone conversations with clients or third parties without informing them that the conversations were being recorded because it offended “the sense of honor and fair play of most people.”

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