Recording Audio Legally?

[Yzzim]

My boss recently put up video cameras in the C-store I work at due to the number of employees slacking off on the job. She says it's to watch the store and make sure no one steals anything (yet there's no video camera on the gas pumps...?) which I understand for the most part. However, I do believe she's using them to spy on all of her employees. I have nothing to hide, I do my work and leave when I'm supposed to.

Recently though I've taken a closer look at the cameras and I've noticed that they've got a microphone on them. Can she legally be recording audio in the store? Some stuff that gets said about her and other employees isn't the nicest thing in the world and is meant to be private. If she is recording the audio, is she breaking the law?

BTW, I'm in Minnesota. Searched on Google and couldn't find much...

 

[gopunk]

http://www.revisor.leg.state.mn.us/stats/609/746.html

 

[Skyclad1uhm1]

Try this site

 

[Yzzim]

<< http://www.revisor.leg.state.mn.us/stats/609/746.html >>


Well, I don't sleep in the store or show my "intimate parts" in the store either so I'm not sure if that link applies this situation.
I do know it's legal for her to record video, just not sure about the audio.

 

[gopunk]

<<

<< http://www.revisor.leg.state.mn.us/stats/609/746.html >>


Well, I don't sleep in the store or show my "intimate parts" in the store either so I'm not sure if that link applies this situation.
I do know it's legal for her to record video, just not sure about the audio. >>



i'm no expert, but i think the exclusion of your situation indicates that it's legal.

 

[Yzzim]

<< Try this site >>


I've been to that site before but it kind of confused me. It says Minnesota requires "One Party" to know about recording audio. So that means she could record audio only if she knew about it? She wouldn't have to tell us employees that she was recording it?

From that site:
Recording audio without the persons permission is almost always illegal
So if I tell her that I do not want her to record what I say it would be illegal for her to record it?

At least this isn't confusing....

 

[deftron]

I think this is how it works since your
state is a "one-party consent" state...

If he's in the room being recorded.. he only needs
his consent (one-party)


If he's not in the room being recorded..

He needs someones permission who is in the room
Either an employee or customer (one-party)

 

[Yzzim]

<< I think this is how it works since your
state is a "one-party consent" state...

If he's in the room being recorded.. he only needs
his consent (one-party)


If he's not in the room being recorded..

He needs someones permission who is in the room
Either an employee or customer (one-party) >>


So if I'm in the room by myself and talking to myself then it would be illegal for her to record the conversation (if you could call it that), correct?
Or if I was in there with another employee who didn't know the audio was being record it would also be illegal, correct?
Makes sense....

Edit: Can anyone *****CONFIRM***** this?

 

[Haircut]

A little more info here
Seems to go along with what deftron said.

 

[Skyclad1uhm1]

To make sure there is always one present who knows, he told it to one of the kittens under the video camera. So all you need to do in order to be safe is to kill a kitten in the store under the eye of the video camera.

 

[Yzzim]

<< A little more info here
Seems to go along with what deftron said. >>


I like my freedom!
Now I don't have to be worried about what I say. Now I can bitch and complain to other employees without the fear of being caught

j/k, I'm a good employee....really!

 

[Yzzim]

<< To make sure there is always one present who knows, he told it to one of the kittens under the video camera. So all you need to do in order to be safe is to kill a kitten in the store under the eye of the video camera. >>


Dude, lay off the crack.

 

[deftron]

Its Federal Law:


<a target=new class=ftalternatingbarlinklarge href="http://trac.syr.edu/laws/18USC2511.html">Public Law 90-351, Title
III 18 USC Section 2511</a>




<< (1) Except as otherwise specifically provided in this chapter any
person who -
(a) intentionally intercepts, endeavors to intercept, or
procures any other person to intercept or endeavor to intercept,
any wire, oral, or electronic communication;

shall be punished as provided in subsection (4) or shall be subject
to suit as provided in subsection >>





<< It shall not be unlawful under this chapter for a person not
acting under color of law to intercept a wire, oral, or electronic
communication where such person is a party to the communication or
where one of the parties to the communication has given prior
consent to such interception unless such communication is
intercepted for the purpose of committing any criminal or tortious
act in violation of the Constitution or laws of the United States
or of any State. >>

 

[db]

Things change a lot when it's an employee/employer situation. Usually your rights do not apply, since you are basically under contract with your employer, whether you have an actual contract or not.

 

[Yzzim]

<< Things change a lot when it's an employee/employer situation. Usually your rights do not apply, since you are basically under contract with your employer, whether you have an actual contract or not. >>


So in the workplace I have no rights?

 

[Yzzim]

would still like to know....

My boss won't stop recording the audio until show her proof that it's illegal.
So, I need a smoking gun.

 

[tcsenter]

Contact a lawyer. Most of the laws cited pertain to WIRETAPPING. When the people giving you advice on the internet get you fired, you know what their response will be "Uh, sorry dude. That was pretty stupid of you to listen to me, I'm not a lawyer."