Connecticut's Quirky Recording Laws - Check Your State Laws Too

Daniel Schwartz, partner at Shipman & Goodwin LLP, recently pointed out some interesting facts about Connecticut's recording laws...

If you do a search on the Internet, you’re likely to discover that Connecticut is a “two-party” state when it comes to recording telephone conversations. What does that mean? In plain English, it means that both parties to a phone conversation must consent to the recording for it to be legal. You can read the law (Conn. Gen. Stat. Sec. 52-570d) for yourself here...

For ordinary, in-person communications, Connecticut is a one-party state — meaning that only one party’s consent is needed to record a conversation. (You can find the law regarding eavesdropping at Conn. Gen. Stat. Sec. 53a-189.)

What does this mean in the workplace? It means that your employees can legally record conversations with their bosses and then try to use those communications as evidence to prove a discrimination claim or another employment-related claim.

Employers can set up reasonable rules in the workplace prohibiting the taping of conversations and tell employees that they cannot record it, but that only means that the records violate the employer’s rules, not Connecticut law.

And what this also means is that the employee cannot record a conversation between two other people; one party must always consent to the conversation. (more) 

P.S. A FREE Security White Paper - "Surreptitious Workplace Recording ...and what you can do about it," is available to Murray Associates clients. Contact me for your copy.