It stands to reason that employers may not want employees recording conversations in the workplace.  Recording conversations could discourage the free flow of open ideas.  The recordings could also contain confidential or sensitive information that the employer does not want floating around the digital universe.  In some states, recording workplace conversations may even be illegal if not all parties consent to it.  Mindful of these concerns, employers may wish to enact policies precluding video or audio recording at work.  According to the Second Circuit, however, employers who do so risk violating the National Labor Relations Act (“NLRA”) if their policies are overbroad.  In a June 1, 2017 summary order, the court upheld a National Labor Relations Board’s Order finding that Whole Foods Market, Inc.’s policy did just that.

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