An employee of the Pennsylvania Emergency Management Administration (PEMA) is facing criminal charges after allegedly taping a recording device to her coworker's desk in an attempt to gather information.

A PEMA employee discovered a USB-disguised recording device duct-taped to her desk in August 2023. The employee, an administration officer, tried to plug the device into her computer, but it was not recognized.

Upon further inspection, she realized it was an audio recording device and listened to a few clips, which included her entering her office and having a work-related phone call.

The employee confronted the employee in question, who had previously mentioned using a similar device to record her ex-husband. The employee in question denied placing the device on the desk and then broke it in half and discarded it.

In a preliminary interview, the accused employee admitted the device belonged to her and that she destroyed it because it contained personal conversations. Police obtained a search warrant for the device and found 680 recordings, including both personal and professional conversations.

In October 2024, the accused employee told officers she "probably" placed the device but could not recall "due to heavy drinking and medication use for ADHD and anxiety, which caused frequent blackouts." She admitted, however, she wanted to gather information to use against her coworker out of jealousy and perceived unfair treatment.

The employee was arraigned and released on an unsecured bond. https://www.abc27.com/pennsylvania/pema-employee-accused-of-taping-recording-device-to-coworkers-desk/ (Nov. 09, 2024).

Commentary

The employee in question was charged with a crime for unauthorized surveillance. Criminal and civil laws exist in most states regarding this behavior.

Because the event took place in Pennsylvania, the Pennsylvania Wiretapping and Electronic Surveillance Control Act would apply.

This law requires all parties involved in a conversation to consent to any form of recording, which is known as the "two-party consent" rule. Under two-party consent laws, a person cannot legally record a conversation unless everyone involved agrees to it.

The law covers a wide range of communications, including telephone calls, in-person conversations, and electronic communications such as emails and text messages.

There are states that do not require two-party consent for recording conversations. These states follow the "one-party consent" rule, which means that only one person involved in the conversation needs to consent to the recording – the person making the recording.

There are 13 states that have some form of all-party consent laws codified. These states include California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington.

In these states, it is required by state law that all parties involved in a conversation must give consent for that conversation to be recorded.

In the above matter, a coworker recorded another coworker or possible multiple coworkers without consent. The same law would apply if management recorded employee without consent, but the employer would likely face civil liability for breach of privacy, and the manager, possible criminal liability.

Employees have a right to a reasonable expectation of privacy in the workplace – no security cameras in restroom stalls, for example, and no audio recordings.

If your organization has surveillance for security, you should have a policy providing notice of the surveillance. Otherwise, your organization should consider prohibiting all forms of employee surveillance from cameras to voice recorders. 

The final takeaway is most employers prohibit unauthorized surveillance no matter if your party is a "one-party consent" or "two-party consent" state.

If you do not have a policy, you should draft a policy prohibiting unauthorized surveillance and have your attorney review the policy before publication.  

https://legalclarity.org/understanding-pennsylvanias-wiretap-and-recording-laws/ (Sept. 27, 2024) and https://recordinglaw.com/united-states-recording-laws/ (last accessed Feb. 17, 2025).