With secret workplace recordings showing up in nightly newscasts and high-profile lawsuits, employers are perhaps more interested than ever in maintaining policies that restrict workers from capturing conversations.
The question has often been whether those policies were lawful. But the National Labor Relations Board has recently relaxed its position against employers that enforce no-recording policies on their premises. This comes as the general public sees just how much of a stir sensitive employment-related recordings can create when released to the media.
Earlier this month, former White House aide Omarosa Manigault Newman released a recording of her firing by chief of staff John Kelly, and she has suggested she has many more surreptitious tapes from her time in the White House.
As employment litigators know well, secret workplace recordings often end up playing a significant role in employees’ legal claims. Elsewhere in the federal government, a Federal Housing Finance Agency employee secretly recorded a conversation with the FHFA director in which she claims the director made advances toward her while considering granting her a pay raise, NPR reported Tuesday. The tapes are cited in the Equal Employment Opportunity Commission’s harassment, retaliation and pay discrimination claims against the agency.