Can an employer install a voice recording microphone over a cashier area in a restaurant without telling employees, management or the customers?

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Can an employer install a voice recording microphone over a cashier area in a restaurant without telling employees, management or the customers?

Asked on January 27, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, doing this is illegal, and could potentially subject the employer to criminal prosecution. It is a violation of the same laws which prohibit wiretappig. Your state requires that all parties to (participants in) a conversation consent to being recorded. You can't consent, even implicitly, without knowledge. Therefore, if any person did not know of the microphone and in some way consent to being recorded, it is illegal.


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