A nonprofit association supporting employers since 1916.
Violations can result in substantial criminal and civil penalties.
Using a telephone extension to listen to a telephone conversation of an employee falls within the first part of this exception since the interception is accomplished by means of telephone equipment. Listening to the conversation of a particular employee for the purpose of discovering whether he was engaged in some activity which was adverse or harmful to the employer - such as divulging trade secrets, stealing, etc. In no case, however, may the employer listen to employees' conversations which are of a personal nature. However, a federal District Court in New Jersey has ruled that the use of a tape recorder violates both the federal and New Jersey statutes because the recorder is not a telephone instrument or equipment. Consent can be express or implied.