In the Ordinary Course of Business: The Legal Limits of Workplace Wiretapping

The use of telecommunications monitoring and recording devices in the workplace has generated considerable controversy. The authors untangle the interlocking web of federal and state laws that limit the extent to which private businesses may engage in workplace wiretapping, using the laws of Florida as a paradigm of state regulation. In particular, the authors' analysis of cases which interpret federal and Florida wiretapping statutes indicates that courts often take dissimilar approaches to resolve workplace wiretapping issues. The authors also discuss FCC and state public service commission regulations, as well as the effect of a proposed federal "beeper bill." In conclusion, the authors provide recommendations on how businesses can protect the privacy interests of their employees and customers while still monitoring or recording telecommunications.