Provided by: Jennifer Kirschenbaum, Esq.
April 30, 2019
Question
Hi Jennifer,
The Owners of my company installed cameras in every part of the office. There are 8 cameras in every corner of the office. We are a relatively small office. I know that when I started working here that I did sign off knowing they were there as per the handbook. However, all the conversations that the staff has is being recorded and listed too by both owners, and then being repeated when they come into the office that day.
Thoughts?
K
Answer
NJ (like NY and some other states) is a 1 party consent state for audio recording. If employer required you to consent as part of your employment, you have tough argument. As long as at least one of the parties to the conversations have consented to sound recording, employer may continue as he is doing.
The issue is whether all conversations have at least 1 party consenting – for example, a private conversation may be had between a patient and a family member that is picked up without their knowledge – that would be illegal in NJ. While you have a legitimate argument the employer may be picking up conversations where a party has not consented, it is likely the employees have…
NJ has one-party recording statute. See N.J. Stat. Ann. § 2A:156A-4 in relevant part below:
A person not acting under color of law to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception unless such communication is intercepted or used for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State or for the purpose of committing any other injurious act.
The Owners of my company installed cameras in every part of the office. There are 8 cameras in every corner of the office. We are a relatively small office. I know that when I started working here that I did sign off knowing they were there as per the handbook. However, all the conversations that the staff has is being recorded and listed too by both owners, and then being repeated when they come into the office that day.
Thoughts?
K
Answer
NJ (like NY and some other states) is a 1 party consent state for audio recording. If employer required you to consent as part of your employment, you have tough argument. As long as at least one of the parties to the conversations have consented to sound recording, employer may continue as he is doing.
The issue is whether all conversations have at least 1 party consenting – for example, a private conversation may be had between a patient and a family member that is picked up without their knowledge – that would be illegal in NJ. While you have a legitimate argument the employer may be picking up conversations where a party has not consented, it is likely the employees have…
NJ has one-party recording statute. See N.J. Stat. Ann. § 2A:156A-4 in relevant part below:
A person not acting under color of law to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception unless such communication is intercepted or used for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State or for the purpose of committing any other injurious act.
