Is it legal for an employer to attach a hidden microphone to video monitoring without consent from employees or customers?

All parties generally must consent to the recording of any PRIVATE communication, whether conducted by telephone or face-to-face, to comply with state law. Wash. Rev. Code § 9.73.030. The all-party consent requirement can be satisfied if “one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted.” In addition, if the conversation is to be recorded, the requisite announcement must be recorded as well. Wash. Rev. Code § 9.73.030. A party is determined to have consented to recording if he is aware that the recording is taking place. Washington v. Modica, 149 P.3d 446 (Wash. Ct. App. 2006). Whether a communication is considered “private” under the statute depends on the factual circumstances. Washington v. Townsend, 57 P.2d 255 (Wash. 2002). The state Supreme Court has identified three factors bearing on the reasonable expectations and intent of the parties: (1) duration and subject matter of the conversation, (2) location of conversation and presence or potential presence of a third party, and (3) role of the non-consenting party and his or her relationship to the consenting party. Lewis v. State Dept. of Licensing, 139 P.3d 1078 (Wash. 2006). Most states have held that there is no expectation of privacy in a public place and/or in a typical retail transaction. But these determinations frequently turn on very small factual distinctions. If you are represented by a union, you should start with a question to your union rep or steward. If not, you should inquire of your State Labor Board and/or meet for an initial consultation with a skilled local employment attorney. The Web-site "A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C." at http://www.rcfp.org/taping/ has a lot of useful information on this issue.