Legality of Recording Business Calls on Cell Phones of Remote Employees

[Samlevin]

Jurisdiction

New York

Remote employees often use cell phones for business calls

There are apps that allow for the recording of calls on Cell Phones.

Is it legal in the State of NY to record calls on an employees phone?

We are in a regulated industry.

 

[Redemptionman]

Does the company pay for your cell phone? Is it a business line or a personal line.

This basically depends on how or what the company policies are in regards to monitoring employees cell phones.

 

[army judge]

If you are using a company issued mobile phone to conduct company business AND you ONLY conduct COMPANY BUSINESS via the device, why worry?

You would ONLY be doing what your employer PAYS you to do.

 

[adjusterjack]

Is it legal in the State of NY to record calls on an employees phone?

NY is a one party consent state. The employer would not be a party to the conversation (just an eventual listener) and would need the consent of the employee to record the employee's conversations. The employee would not need consent to record his conversation with anybody else.

Tread carefully if you are the employer. You could lose customers if they find out you are secretly recording them. You could lose employees and end up paying for their unemployment compensation if you fire them for not complying.

 

[zddoodah]

Who owns the cell phones?

If they are employee-owned phones, how does the employer plan to have the recording app placed on the phone?

Is the employer letting the employee know about the recording?

What industry/regulated by whom?

 

[flyingron]

Is the employer letting the employee know about the recording?

If he places the software without informing the employee (and getting the employee's consent) that the listening software is there, that alone is a misdemeanor. Actually using it is a felony.

 

[cbg]

Funny, I read the question somewhat differently. I read the question as not, can employees be recorded, but whether or not there is a law under which a recording would be legal UNLESS the employee makes/takes the call on his personal cell. Not, the overall legality of calls in general, but, given a call that would otherwise be legal, does it magically become illegal because the employee is using a cell.

 

[Zigner]

I'll address it from a slightly different angle. It is legal for the employer to require an employee to allow them to monitor (record) work calls and to take disciplinary action if the employee refuses.

 

[Zigner]

You could lose employees and end up paying for their unemployment compensation if you fire them for not complying.

Are you saying that it's illegal for an employer to require an employee to allow monitoring/recording of their work conversations? If not, then how would an employee qualify for UI on the basis of refusing a lawful directive?

 

[adjusterjack]

Are you saying that it's illegal for an employer to require an employee to allow monitoring/recording of their work conversations?

Didn't say that at all. I'm just warning the employer to tread carefully as there may be elements of an arrangement that might be illegal if the employer doesn't get it exactly right.

If not, then how would an employee qualify for UI on the basis of refusing a lawful directive?

There would have to be determinations made as to whether it was a lawful directive and, if it was, whether refusal rose to the level of misconduct that would disqualify the employee from UC.

If the employer provided company owned cell phones, with the built in app, to all employees, refusal could be misconduct. An employee's refusal to install the app in his own cell phone would not be misconduct. Hence the admonition to tread carefully.

 

[Zigner]

Didn't say that at all. I'm just warning the employer to tread carefully as there may be elements of an arrangement that might be illegal if the employer doesn't get it exactly right.



There would have to be determinations made as to whether it was a lawful directive and, if it was, whether refusal rose to the level of misconduct that would disqualify the employee from UC.

If the employer provided company owned cell phones, with the built in app, to all employees, refusal could be misconduct. An employee's refusal to install the app in his own cell phone would not be misconduct. Hence the admonition to tread carefully.

Fair Enough

 

[flyingron]

I'll address it from a slightly different angle. It is legal for the employer to require an employee to allow them to monitor (record) work calls and to take disciplinary action if the employee refuses.

Actually, the law on this in NYS is changing in May. Notification is required (not just for phone) both at hire and to be posted in the workspace. There are penalties for violation but no private course of action (i.e., the employee can not sue for violations). The employee must acknowledge the notice. All telephone, email, and internet usage is subject to such monitoring.

To answer your question, yes, given such notice, the employer is free to fire any employee who doesn't consent to such monitoring.