Oregon Workplace Recording Laws: Employee and Employer Rights Under Split Consent

Oregon's split consent rule under ORS 165.540 governs workplace recording. Employees may record their own work phone calls without notice, but must specifically inform all participants before recording any in-person conversation or video call, including meetings, performance reviews, and break room discussions.

Workplace recording in Oregon is governed by the same split consent framework that applies everywhere else in the state. Under ORS 165.540, recording a work phone call requires only one-party consent, while recording an in-person workplace conversation or a work video call requires that every participant be specifically informed before the recording begins.

This guide explains how Oregon's recording laws apply to employees, employers, and workplace situations in 2026, including surveillance cameras, meeting recordings, HR conversations, and whistleblower protections.

How Oregon's Split Consent Framework Applies at Work

Phone Calls at Work: One-Party Consent

Under ORS 165.540(1)(a), you can record any phone call you participate in at work without telling the other person. This covers:

• Calls with supervisors, managers, and HR representatives
• Client and customer calls
• Calls with coworkers
• Conference calls where you are a participant
• VoIP calls through business communication platforms

Your participation in the call satisfies the one-party consent requirement. You do not need your employer's permission to record a phone call you are on, though company policy may impose additional restrictions (discussed below).

In-Person Conversations at Work: All-Party Notification

Recording face-to-face conversations at work requires that every participant be specifically informed under ORS 165.540(1)(c). This applies to:

• One-on-one meetings with your supervisor
• HR meetings and performance reviews
• Conference room meetings
• Break room conversations
• Hallway discussions
• Any in-person workplace interaction

You cannot secretly record an in-person conversation with a coworker, manager, or HR representative. Before pressing record, you must specifically inform everyone present that you are recording.

Video Conferencing at Work: The Platform Exception

Oregon treats a video conferencing call as a "conversation" under ORS 165.540(1)(c), not a one-party-consent telecommunication. This means:

• Recording a Zoom, Teams, or Google Meet call generally requires notifying every participant before you start; a secret recording risks a Class A misdemeanor. If the platform's built-in recorder shows every participant a recording notice, the ORS 165.540(6)(a) exception for private meetings everyone knew or reasonably should have known were being recorded may apply, but announcing the recording is the safer practice
• A narrow exception under ORS 165.540(6)(b) allows recording without notifying every participant only if you intend to capture alleged unlawful activity and are a law enforcement officer, are coordinating with law enforcement, an attorney, or a regulator, or reasonably believe the recording may be used as evidence in a judicial or administrative proceeding
• Platform-native transcription features do not change the underlying notification requirement

This distinction matters for hybrid workplaces. If three colleagues are in a conference room and two others join by Zoom, the entire meeting is a single conversation for purposes of ORS 165.540(1)(c). Recording it, whether from the room or through the platform, requires notifying everyone in the meeting, in-person and remote, before you begin, unless an exception applies.

Employee Recording Rights in Oregon

When Can Employees Record at Work?

Oregon law gives employees the right to record in specific circumstances:

Phone calls: You can always record work phone calls you participate in. This is one of the clearest rights employees have under ORS 165.540(1)(a).

In-person conversations: You can record if you notify all participants first. If you walk into a meeting and say "I am going to record this conversation," you have satisfied the statutory requirement. Whether the other participants agree to continue is their choice.

Video calls: Oregon treats a video conference as a conversation under ORS 165.540(1)(c), so you should specifically inform every participant before recording, even when using the platform's built-in recording feature. Relying on the platform's own recording notice alone is risky: the ORS 165.540(6)(a)(C) exception for private meetings held through a video conferencing program applies only if all others involved knew or reasonably should have known the recording was being made.

Oregon also exempts subscribers and their family members who record in their own homes (ORS 165.540(3)), and in State v. Rainey (2018) the Court of Appeals held that the exemption depends on where the recording is made. The statute does not define "subscriber," so whether it covers an employee recording a work video call from home is unsettled; do not treat it as a safe harbor, and announce the recording.

Recording for Whistleblower Purposes

Oregon has strong whistleblower protections. Under ORS 659A.199, employers cannot retaliate against employees who report violations of law. If you need to document illegal activity in the workplace, the recording rules still apply:

• Phone calls discussing illegal activity: One-party consent allows you to record
• In-person conversations about illegal activity: You must still notify all participants, unless the narrow felony exception under ORS 165.540(5)(a) applies (requires a felony endangering human life)
• Video conferencing discussions: All-party notification is required, the same as an in-person conversation, unless the narrow felony exception under ORS 165.540(5)(a) or the video-call exception under ORS 165.540(6)(b) applies

The felony exception does not cover most workplace violations such as wage theft, discrimination, safety violations, or fraud. Those situations require following the standard notification rules for in-person recording.

Oregon's whistleblower statute protects you from retaliation for reporting violations through proper channels, but it does not override the recording consent requirements.

Recording to Document Harassment or Discrimination

Employees who experience workplace harassment or discrimination often want to record evidence. Oregon's recording rules apply the same way regardless of the reason for recording:

• Record phone calls where harassment occurs: Legal under one-party consent
• Record in-person harassment: Must notify all participants first
• Record video calls: You must notify the harasser and other participants before recording, the same as an in-person conversation, unless the narrow ORS 165.540(6)(b) video-call exception applies (for example, you record to capture alleged unlawful activity and reasonably believe the recording may be used as evidence in a judicial or administrative proceeding)

If you cannot notify the harasser that you are recording (because doing so would escalate the situation or cause retaliation), consider documenting the incident in writing immediately afterward, reporting to HR or management, and consulting with an employment attorney about other evidence-gathering options.

Employer Surveillance and Monitoring

Video Surveillance Cameras

Oregon employers can install video surveillance cameras in the workplace with certain limits:

Permitted locations:

• Common work areas, hallways, and lobbies
• Sales floors and retail spaces
• Parking lots and building exteriors
• Warehouses, loading docks, and storage areas

Prohibited locations:

• Bathrooms and restrooms
• Changing rooms and locker rooms
• Private areas where employees have a reasonable expectation of privacy
• Any location where recording intimate areas would violate ORS 163.700

Audio on surveillance cameras: If workplace cameras capture audio of in-person conversations, the all-party notification requirement under ORS 165.540(1)(c) applies. Employers must specifically inform employees and visitors that audio is being recorded. Simply posting a sign saying "This area is under surveillance" may not be sufficient for audio recording, as the statute requires that participants be "specifically informed."

Computer and Phone Monitoring

Employers can monitor company-owned devices and networks. This may include:

• Monitoring emails sent through company email systems
• Tracking internet usage on company networks
• Recording calls made on company phone systems (with the consent of at least one participant in the call, such as the employee)
• Monitoring software installed on company computers

Oregon law encourages employers to provide clear written notice of monitoring policies. While no Oregon statute specifically requires employers to disclose electronic monitoring, best practices and federal guidance from the Electronic Communications Privacy Act support transparency.

Employee Consent and Notice

Best practices for Oregon employers regarding workplace recording and surveillance:

• Distribute a written surveillance and recording policy to all employees
• Include recording policies in employee handbooks
• Require employees to acknowledge receipt of the policy
• Clearly identify which areas are monitored by video and/or audio
• Update policies when surveillance systems change
• Train managers on the difference between phone recording (one-party consent) and in-person recording (all-party notification)

Company Recording Policies

Can Employers Ban Recording?

Yes. Oregon employers can implement policies that restrict or ban workplace recording beyond what the law requires. Even though Oregon law permits recording phone calls under one-party consent, an employer can adopt a policy that prohibits employees from recording any calls without supervisor approval.

Violating a company recording policy can result in:

• Verbal or written warnings
• Suspension
• Termination

The recording itself may still be legal under state law, but the employer can discipline the employee for violating company policy. This creates a practical tension: the recording may be admissible in court, but making it may cost you your job.

NLRA Protections

The National Labor Relations Act provides some limits on employer recording bans. The NLRB applies the Stericycle, Inc., 372 NLRB No. 113 (2023) standard when evaluating employer recording policies: if the General Counsel proves that a rule has a reasonable tendency to chill employees from exercising their Section 7 rights, the rule is presumptively unlawful, and the employer can rebut that presumption only by proving that the rule advances a legitimate and substantial business interest that it cannot advance with a more narrowly tailored rule. NLRB General Counsel Memorandum GC 25-05 (Feb. 14, 2025) rescinded dozens of prior GC memos, including GC 23-02 on electronic monitoring of employees, signaling a narrower enforcement posture on recording-related charges. Stericycle remains the Board's standard for judging workplace rules, though the current Board has signaled it may revisit it, and the GC's current charging posture favors employers. Examples of protected recording activity include:

• Recording evidence of workplace safety hazards
• Documenting wage and hour violations
• Capturing evidence supporting collective bargaining efforts

An employer's no-recording policy must be narrowly tailored to legitimate business interests and cannot be used to suppress employee organizing or evidence gathering related to labor rights.

Recording HR Meetings and Disciplinary Proceedings

Can You Record an HR Meeting?

Under Oregon law, you can record a phone-based HR meeting under one-party consent. For an in-person HR meeting, you must notify everyone present before recording.

Practical considerations:

• Announcing that you want to record may change the tone of the meeting
• HR may refuse to continue the meeting if you insist on recording
• Your employer may have a policy prohibiting recording of HR proceedings
• An attorney can advise on whether recording is strategically wise in your situation

Can HR Record You?

HR representatives and managers are subject to the same rules. They can record phone calls under one-party consent. For in-person meetings, they must notify you before recording. If HR announces at the start of a meeting that the conversation will be recorded, you have been specifically informed as required by statute.

Penalties for Illegal Workplace Recording

Criminal Penalties

Violating ORS 165.540 in the workplace carries the same penalties as any other context:

Civil Liability

Oregon's recording statute does not give a coworker or manager you record without notice a statutory damages claim. The civil action in ORS 133.739, with its minimum of $100 a day or $1,000, applies only to violations of ORS 133.724 and 133.737, the court-ordered law enforcement interception provisions. The person recorded may still have other invasion-of-privacy remedies, which ORS 133.739(3) leaves in place, and an unlawful recording can also lead to discipline under workplace policies.

Employment Consequences

Beyond legal penalties, illegal workplace recording can result in immediate termination, damage to professional reputation, loss of unemployment benefits if terminated for cause, and difficulty finding future employment.

Oregon Recording Laws by Topic

Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras

Back to Oregon Recording Laws

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Frequently Asked Questions

Can I record a conversation with my boss in Oregon?

It depends on how the conversation happens. If you are on a phone call with your boss, you can record under one-party consent without telling them. If you are meeting in person or on a video call, Oregon treats the conversation as subject to ORS 165.540(1)(c), so you must specifically inform your boss before recording.

Can my employer record me at work in Oregon?

Your employer can use video surveillance cameras in common work areas but not in bathrooms, changing rooms, or other private spaces. For audio recording, the split consent framework applies. Phone calls follow one-party consent. In-person conversations and video calls require that every participant be specifically informed, which applies to your employer too. No Oregon statute generally requires employers to give notice of other electronic monitoring, though written policies are a common best practice.

Can I be fired for recording at work in Oregon?

Yes. Even though recording a phone call is legal under Oregon's one-party consent rule, your employer can have a policy that prohibits recording. Violating that policy can result in termination. The NLRA provides some protection when recording relates to protected concerted activity like documenting safety hazards or wage violations.

Can I record an HR meeting in Oregon?

For a phone-based HR meeting, you can record under one-party consent. For an in-person HR meeting, you must notify everyone present before recording. Your employer may also have a policy restricting recording of HR proceedings, and violating that policy can result in discipline.

Can I secretly record evidence of workplace harassment in Oregon?

You can secretly record phone calls where harassment occurs under one-party consent. For in-person harassment, Oregon law requires you to notify all participants before recording. The same notice rule covers video calls, unless the narrow ORS 165.540(6)(b) exception applies, such as when you record to capture alleged unlawful activity and reasonably believe the recording may be used as evidence in a judicial or administrative proceeding. The narrow felony exception only applies during felonies endangering human life. Consider documenting incidents in writing and consulting an employment attorney.