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New Hampshire Workplace Recording Laws

Independently fact-checkedEditor-reviewedLaw current as of November 1, 2026By Recording Law Editorial TeamReviewed November 2, 202613 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 11 primary sources cited on this page. How we verify our legal content

New Hampshire Workplace Recording Laws

New Hampshire requires all-party consent for workplace recordings under RSA 570-A:2. An employee who knowingly records a conversation they are part of without everyone's consent commits at least a misdemeanor, and recording willfully, whether or not the employee is part of the conversation, is a Class B felony. Consent from every participant is required before recording any workplace meeting or call.

New Hampshire's strict all-party consent requirement creates significant limitations on recording in the workplace. Under RSA 570-A:2, both employers and employees must navigate a legal landscape where secretly recording conversations, meetings, or phone calls at work can result in criminal charges ranging from a misdemeanor to a Class B felony.

This guide covers what employees and employers need to know about workplace recording in New Hampshire, including the legal boundaries for employee self-help recordings, employer monitoring programs, union considerations, and alternative methods for documenting workplace issues.

How RSA 570-A:2 Applies to Employment Settings

New Hampshire's wiretapping statute does not contain a workplace exception. The all-party consent requirement applies in an office building just as it does in a private home. For in-person conversations, it protects any "oral communication," which RSA 570-A:1, II defines as one uttered by a person with a reasonable expectation that it is not subject to interception, under circumstances justifying that expectation. This means:

In New Hampshire, recording a workplace meeting or call needs every participant to agree; an employee who records anyway commits at least a misdemeanor, and willful recording is a Class B felony.
Ask everyone before recording a meeting with your boss or HR. If anyone declines, take notes and send a follow-up email.
  • Employees cannot secretly record conversations with coworkers, supervisors, HR representatives, or clients
  • Employers cannot secretly monitor employee phone calls, meetings, or in-person conversations through audio recording
  • Third parties (such as IT departments monitoring calls) cannot intercept workplace communications without consent from all parties
  • Video surveillance with audio in the workplace triggers the full consent requirement for any captured conversations

The statute covers telecommunications and in-person oral communications in the employment context, including phone calls, calls and meetings carried over a communications provider's network, and in-person discussions.

Employee Recording: Two Tiers of Liability

When an employee records a workplace conversation without consent, New Hampshire law distinguishes between two levels of criminal exposure:

Misdemeanor (RSA 570-A:2, I-a): An employee who knowingly records a conversation they participate in without consent from other parties commits a misdemeanor. This is the typical scenario where a worker records a meeting with their boss or a call with a client. The misdemeanor is presumed Class B (no jail, fine up to $1,200) unless the State elects Class A (up to 1 year and $2,000) under RSA 625:9.

Class B Felony (RSA 570-A:2, I): An employee who willfully intercepts a communication without the consent of all parties commits a Class B felony, whether or not the employee is a party to it. Willfully means with intentional or reckless disregard for whether the recording is lawful (State v. Mueller, 166 N.H. 65 (2014)), and the New Hampshire Supreme Court has confirmed that a participant's own recording can be the felony (State v. Clark, 2024 N.H. 64). Planting a recording device in a conference room or tapping into a coworker's phone line falls into this category. The maximum penalty is 7 years in state prison and a $4,000 fine under RSA 651:2.

Both tiers of liability also carry civil exposure. Under RSA 570-A:11, the person whose communication was illegally recorded may sue for damages of $100 per day of violation or $1,000 minimum, plus punitive damages and attorney fees.

What Employees Can and Cannot Record

matte black eyeglasses with a small glowing blue LED on the temple arm, on a wooden desk

Prohibited Workplace Recording

Under New Hampshire law, employees may not:

  • Secretly record a conversation with their boss, even to document harassment or discrimination
  • Record performance reviews, disciplinary meetings, or termination conversations without consent from all participants
  • Use a phone app to record team meetings without informing and getting agreement from every attendee
  • Place a recording device in a shared workspace to capture conversations they are not present for
  • Record phone calls with customers, vendors, or business partners without all-party consent
  • Use screen recording software that captures audio from virtual meetings without notifying all participants

Employees may legally record in the workplace when:

  • All parties expressly consent to the recording before it begins
  • The recording occurs at a public meeting covered by the Right-to-Know Law (RSA 91-A), such as a municipal board meeting for government employees
  • The conversation takes place in a setting where no speaker has a reasonable expectation of privacy, such as a public area of a government building
  • Silent video only (no audio) is captured in common areas where video surveillance is permitted

If you want to record a workplace conversation legally, follow these steps:

  1. Inform every participant before the meeting or call begins that you would like to record
  2. Request explicit verbal or written consent from each person
  3. If anyone declines, do not record the conversation
  4. Document consent on the recording itself by having participants verbally confirm their agreement
  5. Follow any company policies regarding recording that may impose additional requirements

Employer Monitoring and Surveillance

New Hampshire two chairs facing each other across a desk in a private hr office, door slightly

Employer Audio Monitoring

New Hampshire employers who wish to monitor employee audio communications must comply with the all-party consent requirement. Lawful employer audio monitoring requires:

  • Clear, written disclosure to all employees about the nature, scope, and methods of monitoring
  • Explicit consent from employees, typically obtained through signed acknowledgment forms or employment agreements
  • Documentation of monitoring policies in employee handbooks or policy manuals
  • Consistent application of monitoring across all affected employees
  • A legitimate business purpose for the monitoring activity

Employers should have their legal counsel review monitoring programs to ensure compliance with both state wiretapping law and federal regulations.

Employer Video Surveillance

Employer video surveillance without audio in the workplace is subject to different rules:

  • Silent cameras in common areas (lobbies, hallways, warehouse floors, retail floors) are generally permissible
  • Cameras in private areas such as bathrooms, changing rooms, or locker rooms are prohibited under RSA 644:9
  • Cameras with audio recording capability trigger the all-party consent requirement under RSA 570-A:2
  • Notice to employees about video surveillance is a best practice and may be legally required depending on camera placement

Call Recording in Business Settings

Businesses that record customer phone calls must follow strict protocols:

  • Automated announcements stating "this call may be recorded" must play before any conversation begins
  • Callers must have the opportunity to decline or end the call if they do not consent
  • Employee phone calls that are monitored or recorded require the employee's prior consent
  • Recording policies should specify which calls are recorded, how long recordings are retained, and who has access
  • The federal Telephone Consumer Protection Act and FCC regulations impose additional requirements for certain types of business calls

New Hampshire Privacy Act Impact on Workplace Recording

Close-up of a plain matte black video doorbell camera mounted on a white door frame

SB 255 Consumer Privacy Protections

New Hampshire's Privacy Act (SB 255), codified at RSA 507-H and effective January 1, 2025, established new consumer data privacy protections. While primarily focused on commercial data collection, the law has implications for workplace recording:

  • Recorded conversations may constitute personal data subject to the law's data minimization and purpose limitation requirements
  • Employers who record customer interactions must consider data retention limits and consumer access rights
  • The law does not cover employees acting in their work role (RSA 507-H:1, VIII), and it applies only to businesses that meet its size thresholds, such as processing personal data of at least 35,000 New Hampshire consumers (RSA 507-H:2)
  • Employers should update their privacy policies to address recording-related data collection

This law does not override the existing all-party consent requirement under RSA 570-A:2 but adds an additional layer of data governance obligations.

Alternatives to Recording in the Workplace

Whistleblower Protections

New Hampshire provides legal protenues for employees who witness illegal activity or unsafe conditions without resorting to secret recording:

Documentation Without Recording

Employees who need to document workplace issues in New Hampshire can use these lawful alternatives:

  • Written notes: Take detailed contemporaneous notes immediately after conversations, meetings, and incidents
  • Email follow-ups: Send emails summarizing what was discussed, creating a written record that the other party can correct or confirm
  • Written requests: Ask for important decisions, instructions, or commitments in writing via email or memo
  • Witness statements: Ask trusted colleagues who were present during a conversation to provide written statements
  • Formal complaints: File written complaints through HR, compliance departments, or external agencies such as the New Hampshire Commission for Human Rights or the federal EEOC
  • Attorney consultation: Speak with an employment attorney about legal options for preserving evidence

OSHA and Safety Concerns

Employees who witness workplace safety violations should contact the New Hampshire Department of Labor or file a complaint with OSHA. These agencies have investigative authority and can address safety concerns without requiring employees to make secret recordings.

Union and Collective Bargaining Considerations

National Labor Relations Act

In Stericycle, Inc. and Teamsters Local 628, 372 NLRB No. 113 (Aug. 2, 2023), the NLRB established that facially neutral workplace rules, including no-recording policies, are presumptively unlawful if they have a reasonable tendency to chill employees from exercising their Section 7 rights under the NLRA. An employer can rebut that presumption only by proving the rule advances a legitimate and substantial business interest and that it could not advance that interest with a more narrowly tailored rule, for example a ban limited to protecting trade secrets or confidential client information.

NLRB Acting General Counsel William B. Cowen issued GC Memo 25-07 (June 25, 2025) directing regional offices to treat the surreptitious recording of collective bargaining sessions as a per se violation of the duty to bargain in good faith under NLRA Sections 8(a)(5) and 8(b)(3). GC Memo 25-07 is prosecutorial guidance and is not a Board decision or binding court precedent. Stericycle remains the Board's standard for judging workplace rules, including recording policies, though the current Board has signaled it may revisit it.

In New Hampshire, the interplay between federal labor law and the state's all-party consent requirement means that even if the NLRB protects certain recording activity under federal law, RSA 570-A still applies. Employees should seek legal advice before recording based on asserted NLRB rights.

Weingarten Rights

Unionized employees in New Hampshire have the right to union representation during investigatory interviews that could lead to discipline (known as Weingarten rights). While this does not create a right to record, it provides an alternative form of protection by ensuring a witness is present during important workplace meetings.

2024-2025 Court Rulings on RSA 570-A

In State v. Clark, 2024 N.H. 64 (N.H. Nov. 13, 2024), the New Hampshire Supreme Court held that the suppression remedy under RSA 570-A:6 applies only to felony violations of RSA 570-A:2, I, not to misdemeanor participant recordings under RSA 570-A:2, I-a. The court also made clear that a participant's own secret recording can be either a misdemeanor or a felony depending on the recorder's mental state: it is the Class B felony when done willfully, which means with intentional or reckless disregard for whether the recording is lawful (State v. Mueller, 166 N.H. 65 (2014)).

In State v. Hersom, No. 2023-0352 (N.H. Jan. 24, 2025), a non-precedential order, the court applied Clark and rejected the State's argument that one-party recordings can never be suppressed. It affirmed exclusion of a complainant's secret recording because the trial court found the State had not shown the recording was made outside New Hampshire or without knowledge that it was illegal. Both decisions are relevant to workplace recording disputes where recordings were made by participants to conversations.

Penalties for Illegal Workplace Recording

Criminal Penalties

OffenseClassificationMaximum PrisonMaximum Fine
Employee secretly records own meeting, knowingly (RSA 570-A:2, I-a)Misdemeanor (Class B by default)None (Class B); up to 1 year if the State elects Class A$1,200 (Class B); up to $2,000 (Class A)
Employee secretly records own meeting, willfully (RSA 570-A:2, I)Class B Felony7 years$4,000
Employee plants hidden recorder (RSA 570-A:2, I)Class B Felony7 years$4,000
Employer monitors without consent (RSA 570-A:2, I)Class B Felony7 years$4,000
Hidden camera in workplace bathroom (RSA 644:9), first offenseClass A Misdemeanor1 year$2,000
Repeat RSA 644:9 offense, or one where the person entitled to privacy is a child under 18 (RSA 644:9, VI-VII)Class B Felony7 years$4,000

Civil Liability

Under RSA 570-A:11, any person whose workplace communication is illegally recorded may sue for:

  • $100 per day of the violation or $1,000 minimum, whichever is greater
  • Actual damages if they exceed the statutory minimum
  • Punitive damages for egregious conduct
  • Attorney fees and litigation costs

Employment Consequences

Beyond criminal and civil liability, illegal workplace recording can result in:

  • Immediate termination for violating company policies
  • Loss of unemployment benefits if terminated for cause
  • Professional license issues for regulated professions
  • Difficulty finding future employment due to a criminal record

Employer Best Practices

Developing a Compliant Recording Policy

New Hampshire employers should implement clear recording policies that:

  1. State the company's position on audio and video recording in the workplace
  2. Explain the all-party consent requirement under New Hampshire law
  3. Detail any employer monitoring programs including scope, methods, and purposes
  4. Require employee acknowledgment through signed forms at hire and annually
  5. Address virtual meeting recording through platforms like Zoom, Teams, and Google Meet
  6. Specify data retention and access policies for any recorded material
  7. Include consequences for policy violations
  8. Be reviewed by legal counsel to ensure compliance with state and federal law

Virtual Meeting Recording

With the increase in remote work, employers must address virtual meeting recording:

  • Establish clear policies about when virtual meetings may be recorded
  • Use platform features that notify all participants when recording begins
  • Require affirmative consent from all meeting participants before recording
  • Train employees on proper procedures for recording virtual meetings
  • Address whether employees may record meetings using personal devices in addition to platform recording tools

More New Hampshire Recording Laws

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Frequently Asked Questions

Can I secretly record my boss in New Hampshire?

No. New Hampshire is an all-party consent state under RSA 570-A:2. Secretly recording a conversation with your boss without their consent is a criminal offense. If you are a participant in the conversation, it is at least a misdemeanor (presumed Class B, up to a $1,200 fine, or up to 1 year and $2,000 if the State elects Class A). If you record willfully, meaning with intentional or reckless disregard for whether it is legal, or plant a hidden device, it can be a Class B felony (up to 7 years, $4,000 fine).

Can my employer record me at work in New Hampshire?

Only with your knowledge and consent. New Hampshire law requires all-party consent for audio recording. Employers must clearly disclose monitoring programs and obtain consent, typically through written employment agreements or handbook acknowledgments. Silent video surveillance in common areas is generally permitted, but cameras in bathrooms or private areas violate RSA 644:9.

Can I record a meeting at work to document harassment in New Hampshire?

Not without consent from all participants. Even if you are experiencing workplace harassment, secretly recording conversations is still a criminal offense under New Hampshire law. Instead, take detailed written notes, send email summaries, file formal complaints through HR or the NH Commission for Human Rights, and consult an employment attorney.

Does New Hampshire have whistleblower protections for employees?

Yes. New Hampshire whistleblower laws protect employees who report violations of law or rules to a public body. Employees cannot be fired, demoted, or retaliated against for good-faith reporting. Federal protections under OSHA and other statutes add additional layers of protection. These provide legal alternatives to secret recording.

Can an employer have a no-recording policy in New Hampshire?

Yes. Employers can implement no-recording policies in the workplace. Because New Hampshire already requires all-party consent, such policies reinforce state law. However, blanket recording bans should be carefully drafted to avoid infringing on employee rights under the National Labor Relations Act. Consult legal counsel when developing these policies.

Updates

Corrected an earlier changelog entry that described a cross-reference not present on the page.

Restated the NLRB Stericycle rebuttal test for employer recording bans precisely: the employer must prove a legitimate and substantial business interest that a more narrowly tailored rule could not serve.

We corrected this page to show that an employee who willfully records a conversation they take part in can face the Class B felony under RSA 570-A:2, I (State v. Clark), that a knowing participant recording is presumed a Class B misdemeanor, that New Hampshire's privacy act does not cover employees in their work role, and that a camera in a bathroom used by children or a repeat offense is a felony; we also corrected the description of State v. Hersom and updated the status of the NLRB's Stericycle standard.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the key takeaways to say the consent requirement applies to audio monitoring (not silent video in common areas), and clarified that in-person conversations are protected only where the speaker reasonably expects not to be intercepted.

Corrected New Hampshire's privacy law citation from a wrong, dead-linked bill/chapter (SB 225 / RSA 359-C) to the correct SB 255 / RSA 507-H, and fixed the TAKE IT DOWN Act's signing date to May 19, 2025.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Propagated State v. Clark (2024 N.H. 64, Nov. 13, 2024) and State v. Hersom (No. 2023-0352, Jan. 24, 2025) two-tier suppression framework from parent hub; confirmed RSA 570-A:2, I-a misdemeanor framing; updated federal overlay (NLRB GC Memo 25-07); RSA 105-D body cam reference added where applicable.

Reviewed and approved by an editor

Sources and References

  1. RSA 570-A:2 - Interception Prohibited(gc.nh.gov).gov
  2. RSA 570-A:11 - Civil Damages(gencourt.state.nh.us).gov
  3. RSA 644:9 - Violation of Privacy(gc.nh.gov).gov
  4. RSA 651:2 - Sentences and Limitations(gc.nh.gov).gov
  5. RSA 91-A - Right-to-Know Law(gc.nh.gov).gov
  6. RSA 507-H - Expectation of Privacy (NH Privacy Act, SB 255)(gc.nh.gov).gov
  7. FCC Recording Guide(fcc.gov).gov
  8. OSHA Complaints(osha.gov).gov
  9. NH Department of Labor(nh.gov).gov
  10. NH Commission for Human Rights(nh.gov).gov
  11. RSA 570-A:1 Definitions (New Hampshire General Court)(gc.nh.gov).gov
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