August 24, 2018 | Category: Employment, HR, News

It was recently reported that Omarosa Manigault Newman, former reality television star on The Apprentice, secretly recorded conversations she had with President Donald Trump during her time as his presidential aid. It’s reported that Manigault Newman also recorded conversations in the White House’s ‘situation room’, one of the most secure areas in the White House. This news may spur Nevada employers to wonder, “Can my employees legally record me without my consent?”

When Are Secret Recordings Legal in Nevada?

Secret recording deviceAccording to Alex Granovsky of Granovsky & Sundaresh PLLC Attorneys at Law, the legality of secret recording depends on the state in which the recording takes place and which conversation participants offer prior consent.

In some states, Nevada for example, only one conversation participant must consent to the recording for the recording to be legal. In other words, it is legal for one party of a two-party conversation to record the conversation without the other person’s consent. These states are considered one-party consent states. The primary caveat is that one cannot secretly record a conversation that one is not a part of.

Two-party consent states, in contrast, require all the participants of the conversation to consent to the recording for the recording to be legal.

The Nevada Association of Employers can advise you which punitive measures are legal and which are not should you find out that one of your employees secretly recorded you. If you suspect that one of your employees has become disgruntled, a good first step is to reach out to our Human Resource professionals for advice on how to best proceed.

Secret Recordings Are Conditionally Legal in Nevada, but Are They Prudent?

Should a Nevada employer discover that he or she has been secretly recorded without consent, measures can be taken to protect the employer and his or her business.

NAE can help you understand the applicable employment laws that govern this subject.

Another situation for employers to consider is the possibility that one employee may wish to secretly record another employee. Possible causes for this behavior would be that one employee feels that he or she is being harassed or that the other coworker is creating a hostile work environment.

As a Nevada employer, you hope that your employees feel free to approach you with any legitimate grievance against you or another employee without fear of reprimand. Unfortunately, some employees may feel that hard evidence, such as a secret audio recording, will be necessary to provoke corrective action against the problem behavior.

Be aware that any employee engaging in secretive behavior while at work can disrupt the communal trust shared in the work place. Once that trust has been lost, it can be difficult to regain.

Do you know all your obligations as a Nevada employer? The Nevada Association of Employers (NAE) is here to help. Our staff of HR professionals is equipped with the knowledge and experience to assist employers in navigating the often complex world of employment-related statutes and regulations. Contact NAE today!

For more information about NAE and what we do for Nevada employers, visit our website. If you are a Nevada employer interested in membership, please contact membership@nevadaemployers.org or join today!