just3bears
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Can I legally record a staff meeting between employees and employer in the state of Minnesota?
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Can I legally record a staff meeting between employees and employer in the state of Minnesota?
Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Be aware that you will sometimes hear these referred to inaccurately as “two-party consent” laws. If there are more than two people involved in the conversation, all must consent to the taping. The more accurate term is "all-party consent."
The situation can get hairy when a person in a one-party consent state calls and records a conversation with a person in an all-party consent state, but does not get that person’s permission. There are several factors that go into which consent law applies. It is generally safer to assume that the stricter, all-party consent law will apply where either the caller or receiver is in an all-party state.
Often, notice will be considered sufficient to find consent. For example, when you call tech support for the laptop you just cannot figure out, the first thing you might hear is "this conversation may be recorded for quality assurance." Most courts hold that, if you speak after hearing this notice, you have given implied consent to the recording and cannot later maintain a civil suit.
There are a host of other exceptions based on legitimate business recordings, crime-tort exceptions, and exceptions for telephone companies. Those will have to wait for another episode.
An Answer
Returning to David’s question, the answer is that "it depends." First, the court would determine whether the resident could reasonably expect the conversations to be private given that they occur in a quasi-public place: at the front desk of a condominium complex. If the conversations are not considered private, then David may record. If they are considered private, then the court would determine whether proper consent would defeat the claim. If David lives in a one-party consent jurisdiction, then only he would need to consent to the recording, but he would need the resident's consent or knowledge in an all-party consent state.
Overall, be very careful before you record conversations with people. To be safe, always get the express consent of all parties to the conversation, and check with an attorney licensed to practice in your jurisdiction to help you wade through these issues.
http://legallad.quickanddirtytips.com/the-legality-of-recording-conversations.aspx