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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption