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Feds: Your Employer Can't Stop You From Recording Conversations At Work (huffingtonpost.com)
schwit1 writes with news about a ruling by the National Labor Relations Board about your right to record conversations at work. The Huffington Post reports: "If you're looking to catch your boss breaking labor law, that smartphone in your pocket might be your best friend, thanks to a new ruling from federal officials. On Thursday, the National Labor Relations Board ruled that upscale grocer Whole Foods cannot forbid employees from recording conversations or taking photographs at work without a supervisor's permission. (Local laws, however, could still come into play in certain situations, as several states require the consent of two parties in order for a conversation to be recorded legally.) At the center of the case were stipulations in Whole Foods' 'General Information Guide,' an employee manual laying out worker do's and don'ts. The guide prohibited workers from taking photos or recording conversations inside a store 'unless prior approval is received' from a manager or executive, or 'unless all parties to the conversation give their consent.'"
As an employer, I can kinda understand Whole Foods' situation here. If you prohibit photos and recordings in the workplace, the workers' rights folks claim you're trying to hide abuses in the workplace. If you don't prohibit photos and recordings in the workplace, the privacy rights folks claim you're not doing enough to protect your employees' privacy in the workplace (essentially extending the corporate shield to also protect your employees from liability, not just the owners).
By letting the government make the ruling, the matter is settled and the company doesn't have to worry about liability either way.
This sort of thing is a good lesson for those who erroneously believe in absolutes (the tone of TFA is that there is a "right" and "wrong" answer to this). It is exceptionally rare for a single principle on any issue to always be correct. There is almost always a situation where that principle will be wrong because some other principle will overrule it. In this case, you have the right to privacy in the workplace butting heads with the right to publicize workplace abuses. I'm not sure what the correct balance is, and I'm not sure the government does either. But at least this way the company doesn't get caught in the crossfire. All a company has to do is comply with the government ruling, and the fight over the correct balance will bypass them and go straight to the courts. So even though Whole Foods lost the case, they still won.