CA Recording Law Explained by an Employment Lawyer

CA Recording Law Explained by an Employment Lawyer

Branigan Robertson

6 лет назад

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@TikTacTow
@TikTacTow - 21.04.2022 16:21

I’m in Maryland, I recorded 3 office staff employees of my apartment complex leasing office last week because I’m having major security issues where we live about 2 tenants that live here with rape and child sex convictions and I wanted to know how it was possible when they gave me a hard time for a reckless driving ticket in my past.

The conversation took place in a huge area that was wide open to the public, staff kept coming and going and joining the convention.

The tape is about 20 minutes

I really hope its useable for accountable so I can break my lease early and not have to pay any extra fees

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@yourfinalhiringagency3890
@yourfinalhiringagency3890 - 01.08.2022 21:31

What if your company wants to put 3 cameras that get audio and video facing the employee for the whole of their shift, they’re noticeable but unannounced and unnecessary.

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@voidwolf1421
@voidwolf1421 - 18.08.2022 19:37

Doesn't feel right to not be able to record a conversation in a bosses office or conference room, HR involved or not, especially in situation where you may feel threatened. I do wonder if you may be able to ask for permission and/or If you have the right to demand to be able to record before a conversation starts?

For example;

Boss: Where going to have a meeting with HR.
Employee: okay, what about?
Boss: You'll find out.
Employee: Okay, but I plan to record the conversation.
...

Does the employee have the right to record or no? and why?

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@user-jv1cl2fs6m
@user-jv1cl2fs6m - 04.09.2022 21:07

A previous boss of mine in Kansas City, MO recorded the owner of the company, and although the recording wasn't admissable in court, she wrote out the entire entire conversation which is admissable documentation and the court awarded her back salary, back bonuses, very valuable preferred company stocks including two 2 for 1 stock splits and adjustments to her 401k had she been making the legal salary through the years. She was completely "made whole" plus punitive damages and walked with a win of over $700,000. All because of the transcribed recording!!

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@Lana-or5dz
@Lana-or5dz - 14.09.2022 07:03

An employee approached my office and video tape me, so I reported incident to upper management. My boss reviewed cameras and it shows employee pulling phone out of his pocket and turning on the camera and then walking over to my office. Is that a form of harassment? He asked a question and I responded “I don’t know” then he pulled out phone and started video taping me.

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@jaydenp4975
@jaydenp4975 - 18.09.2022 04:54

Awesome video thank you. What is the best way to notify employees that it is illegal? Where I work several of my coworkers record others all the time and laugh about it share the recordings. Creates malicious gossip and toxic environment and management does nothing. It is horrible.

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@anomnious
@anomnious - 09.11.2022 12:04

What if a co-worker records you without your knowledge, while on break.

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@johngagon
@johngagon - 15.11.2022 02:03

So some people record as a habit as an accommodation to hearing or even gaslighting attacks ("you didn't say that, are you deaf?"). What if that's kept private and you write a journal entry at home about the conversation and just safekeep it? I assume the lawyer would just recommend keeping the journal transcription since it sidesteps it but simply gets the 5th for you or admits it's existence under special circumstances and allows the judge to determine admissibility.

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@lisashapiro4714
@lisashapiro4714 - 23.11.2022 17:27

In NYC it's legal to record anyone anywhere. California you can't invade audio recording

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@lisashapiro4714
@lisashapiro4714 - 23.11.2022 17:31

This is why they railroaded me across the country so they could enhance me threw audio ! It's a two-way street in NYC in California your breaking privacy laws. Just like The feds and buddy the dogs owner did with the recording karaoke in his garage , stern even knew about. Howard was in on that as was Jack Dorsey. Spying wired magazine van knew to. !

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@bradleybothun6856
@bradleybothun6856 - 03.12.2022 01:12

Hey love your content! I’m an employee at Amazon and it’s super helpful to know how to express complaints while minimizing the potential of retaliation. I’m trying to reframe how I see issues by asking “what would a jury think about this”. Anyway I got a question 👇
Is it legal to have a sign at the entrance of your office saying that you are being recorded and record all conversations that happen in your office?

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@lorenzobeckmann3736
@lorenzobeckmann3736 - 04.12.2022 03:50

B-4 cellphones: photographed manager's desk - conplete chaos; constantly harassed me for not reminding of manager's responsibility to manage work/billing. Photographed mountain of cigarette butts under stairwell - owner's policy no smoking. Co-workers agreed to testify manager sleeps on the job. Accepted a different job paying 6X pension accruement. Manager dies 2 yr later. 23yr ago Retired 18 yr ago hah, hah, hah

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@shandrakor4686
@shandrakor4686 - 05.12.2022 06:25

Man glad I live in Canada, here recording private conversations is legal provided one of the participants consents to the recording.

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@messymoe2678
@messymoe2678 - 06.12.2022 08:41

How about recording organized harassment

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@uhmeizuhngralphf0549
@uhmeizuhngralphf0549 - 13.12.2022 10:23

Bullshit somebody is sexually harassing you and you can't record them for proof in the act that sounds like a Karen law

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@uhmeizuhngralphf0549
@uhmeizuhngralphf0549 - 13.12.2022 10:28

Fuck the boss I Am my Own Boss I don't need nobody to boss me around

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@Milesco
@Milesco - 02.01.2023 15:51

Seems to me that there ought to be an exception for when the communication itself is a crime or tort against the person doing the recording. Not to allow the victim to record his or her own victimization is fundamentally unjust. It literally elevates the rights of the criminal or tortfeasor over that of the innocent victim.

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@rachel31754
@rachel31754 - 09.01.2023 05:32

What if you're recording is not shared with anyone and intended to remember details of the private conversation (for yourself)?

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@siobahnhurley85
@siobahnhurley85 - 02.02.2023 02:35

In Minnesota, you can record a conversation, even confidential ones if one party in the conversation gives consent, (ie: yourself).

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@freehand.underhand
@freehand.underhand - 04.02.2023 08:08

Not workplace related, but what about in cases where a customer service call is being "monitored for quality assurance".

Does continuing on the line mean both parties are consenting to being recorded?

Do you have a duty to inform the company if you wish to record the conversation on your end?

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@marcusa.rivera6377
@marcusa.rivera6377 - 18.02.2023 01:46

so the company could target you and record you any time they want and get away with it!

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@LastStar007
@LastStar007 - 21.02.2023 18:41

This seems like yet another piece of law that advantages employers and disadvantages their victims.

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@Gardenofisreal
@Gardenofisreal - 14.04.2023 19:09

What about lobby area where cameras and audio is recording while people on the phone or in conversation?

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@greatesttoysevermade3693
@greatesttoysevermade3693 - 18.04.2023 06:40

This varies by state law. There are one-party and two-party consent laws. California is a two party consent state, so this information pertains mostly to two party consent laws. One party consent requires the consent of one party, which could be the person recording it.

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@SwimminWitDaFishies
@SwimminWitDaFishies - 03.06.2023 15:48

Incredible, only lawyers can craft regulations that no average person can really understand. That's why they will always win in court.

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@starholedesigns
@starholedesigns - 23.06.2023 16:25

So if my boss calls my work phone while I'm at home and I say, "oh sorry, I'm washing dishes and have you on speaker phone" then rhe boss knows the conversation could be overheard correct? Is this a stretch?

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@iMatti00
@iMatti00 - 04.07.2023 21:32

Since perjury is such a huge issue it is infuriating it’s not prosecuted more. Just prosecute a few cases of perjury during a civil court hearing and people will start telling the truth. After I watch the Johnny Depp and Amber heard trial I realized how perjury is basically less punished than jaywalking. Ridiculous.

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@nathangriggs3334
@nathangriggs3334 - 11.07.2023 14:48

Ha ha funny can’t go against the first amendment, right

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@nathangriggs3334
@nathangriggs3334 - 11.07.2023 14:48

No expectation of privacy in public.

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@serzhmarchuk
@serzhmarchuk - 08.08.2023 08:26

Our california business office accepts drop offs from and sells electronics to a public. Can video and audio be recorded? And do the warning signs act as consent?

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@coffeepeachesplans
@coffeepeachesplans - 22.09.2023 01:05

So that's why the police want them to think they can in public even though technically public servant are just priestess

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@grant9047
@grant9047 - 23.09.2023 04:59

How about in Indiana? can someone record their boss yelling and cursing?

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@jjg8605
@jjg8605 - 24.10.2023 18:48

they are doing illegal electronic surveillance at my home. The company doing it no longer pays me, i had to get new positions outside of them due to this illegal harassment. If they dont pay money , i dont work for them. In my area its a felony punisable by law as being done in my home by some place i dont even work at for 10 months now.

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@SR-ih1be
@SR-ih1be - 05.11.2023 09:54

This is hilarious and definitely do not freak out. It does not matter if it's legal, because it does not matter what any government's opinion is on it, any human has a right to this technology, living in this despicable world filled with snakes and cheats. You can use recordings to transcribe into notes, which are admissible under the law. I never go into corporate environments without wearing a wire. There's no way any attorney is going to convince me to obey this unconstitutional law.

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@cuteshoesandbags8094
@cuteshoesandbags8094 - 16.11.2023 15:36

In Monterey County, California, if you're meeting with human resources and you pull out your recording device and announce to everyone in the meeting that you're recording, that's legal right?

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@ILikeEggs1017
@ILikeEggs1017 - 26.11.2023 19:20

Honestly those privacy laws are there to help oppress the working class by allowing employers and business owners to make threats and bully their employees without fear of legal repercussions.

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@vetfreshlyretired452
@vetfreshlyretired452 - 09.12.2023 22:29

Does these laws extend to the remote / hybrid workers who operate in a virtual work space?

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@chaschazchas
@chaschazchas - 19.01.2024 10:32

I would like to record [camera] a harassment situation at work. I'm in Wisconsin and am not sure if it is allowed. Can anyone point me in the right direction to find what is admissible? Thank you.

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@doodlecrayon222
@doodlecrayon222 - 25.01.2024 08:18

You're wrong. It's not illegal for an employee to record their boss, coworkers, or customers at work. And it's especially not illegal to record them while they are violating federal EEOC employment laws. It's perfectly legal for an employee to record their entire 8 hour shift for their own safety (examples; food servers, cab drivers, doordash drivers, fast food workers, etc).

Some Federal employment laws are crimes and felonies. It's legal to record any civil offense or criminal offense in every State including California.


Recordings can also be used in court. In fact, having recorded evidence is how people win their cases. What do you think bodycams, dashcams and the cell phone recording feature were made for? They were manufactured to produce recorded date and time stamped evidence for court.

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@andrejohnson4663
@andrejohnson4663 - 07.02.2024 05:30

In ga its not the case.

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@charlesmulvaney941
@charlesmulvaney941 - 27.02.2024 18:55

Do companies need to disclose to employees of workplace surveillance in California? I work at a company that has no cameras, until recently they started using trail cameras place around the construction yard. None of us were notified and there are no signs. Most of us don’t even know they exist.

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@CJ-gu4dj
@CJ-gu4dj - 16.03.2024 09:13

In the state of Nevada and Arizona,b you can as long as the recording device is always in your possession. You can't hide it in a room and retrieve it later. One party has to have concent and that party can be you.

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@ginamedico8233
@ginamedico8233 - 23.03.2024 14:36

What if you were called into an office meeting with HR and a where a manager accused an employee of stealing checks and you believed you may be arrested?

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@abrahamgomez653
@abrahamgomez653 - 06.05.2024 02:43

No you're not. It ultimately will effect your employment and your career when your innocent.

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@keithajanelle
@keithajanelle - 05.06.2024 00:07

Do these apply in a one-party state?

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@soulknight89
@soulknight89 - 21.06.2024 17:47

Hmm, my wife's shift lead is voice recording everyone at work. They all work in an open room area and they all talk amongst each other. Sounds like the law protects the shift lead in this case. Shift lead has been using the recordings as evidence of the workers threatening and harassing the shift lead, which isnt true. But the truth does matter because everyone now knows HR and the Owners take the side of the shift lead no matter what.

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@irocklikesocks1
@irocklikesocks1 - 26.06.2024 01:56

In Washington, there is another exception where if you are being threatened or someone or making an unlawful request, you can record. Does CA not have a similar exception? What other states do not?

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@mezh92126
@mezh92126 - 28.06.2024 21:15

How about if someone else is in the room and you have the convo on speaker? Do you have to disclose that?

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@summernale5963
@summernale5963 - 08.07.2024 01:32

Serious question: what if you work in an establishment where there are cameras covering every square inch of the building?

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