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AUDIO IN THE WORK PLACE
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Ken,
We have a client in Indiana who wants us to install microphones in his place of business without telling his employees. He just had a $100k employee theft. I know that Indiana has a one-party consent law. What this means is simply that with the consent of one person or party to the conversation, recording the conversation is not a violation of the law.
If our client is not part of the conversation, is he allowed to install these microphones and listen to his employee conversations without their knowledge - even if he does not try to use these recordings for legal purposes?
Thank you,
Carolyn Smith
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RESPONSE
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Here is what you should be concerned with and how you should proceed.
Here's what you should do. You can install the audio system what will permit listening and recording. You should use the Commercial All in One. In the Schedule of Equipment and Services, where you list the equipment, you should add "subscriber has been advised to use the equipment lawfully and check with its own lawyer". You don't have to do this, but it is the prudent thing to do.
Here's what you shouldn't do. Do not attempt to explain the law to your subscriber. Your best advice is that you can install what is requested but the subscriber needs to use the equipment lawfully.
If you want to provide a thorough response, I suggest this. Indiana [assuming it is a one party state - and I haven't checked that] means that one party to the conversation can consent to listening and recording. The boss won't be a party to all conversations and therefore it's illegal to eavesdrop, listen, intercept or record. However the employer can easily get the consent of all of its employees by including a consent in each employee's employment agreement or in the employer's handbook, provided the agreement or handbook address the issue. If you want to recommend us to the subscriber for the employee handbook then please refer them to Jesse Kirschenbaum,Esq at 516 747 6700 x 317 or Jesse@KirschenbaumEsq.com.
Incidently, you and all the businesses owners reading this need employment agreements with your employees and a handbook. Get those important documents from Jesse Kirschenbaum,Esq.
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