Can business record sound in florida?

In the state of Florida, is it legal or
illegal for a business owner to add
sound recording equipment on top of
video recording inside their business?

Asked on May 25, 2016 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Videotaping employees in the workplace is permissable so long as it is limited to job performance/work activities (i.e. employee theft, too much socializing, etc). However, videorecordings may violate employees' rights to privacy if they are taped in areas considered personal/private (i.e. bathrooms, locker rooms, break rooms, etc.). Further, employers must provide notice, in writing, to all employees that video surveillance is being used and where it is being used. They must also state the areas that are off limits from such surveillance.
As for voice recording, there is no “expectation of privacy” in public areas (i.e. the lobby, confernece rooms, stairwells, etc.), therefore recording conversations in these areas is legally permissable. Otherwise, such recording without employee consent is illegal unless the person recording the conversation is also a party to the conversation ("1 party consent"), although in some states all parties must consent to the recording ("all party consent").  
To be certain of all of your rights under your state's law, you can contact your state's department of labor and/or consult with a local employment law attorney in your area.

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