Hawaii

Hawaii Workplace Recording Laws: Employee and Employer Rights

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202610 min read

Under HRS 803-42, Hawaii is a one-party consent state, so employees can legally record any workplace conversation they participate in without notifying coworkers or supervisors. The private places exception in HRS 711-1111 limits this right in enclosed private offices where all-party consent may be required.

Hawaii's workplace recording laws sit at the intersection of the state's one-party consent wiretapping statute, its private places privacy law, federal labor protections, and employer policies. Employees in Hawaii have broad rights to record workplace conversations under HRS 803-42, but the private places exception under HRS 711-1111 adds complexity that both employees and employers need to understand.

This guide covers when employees can legally record at work, what employers can and cannot monitor, how federal labor law interacts with Hawaii recording rules, and practical guidance for both sides.

Employee Rights to Record at Work

Under HRS 803-42, Hawaii is a one-party consent state. This means any employee can record a workplace conversation they are participating in without informing or obtaining permission from the other parties. The employee's own knowledge of the recording satisfies the consent requirement.

This applies to:

Conversations with supervisors and managers
Meetings with HR representatives
Discussions with coworkers
Performance reviews and disciplinary meetings
Phone calls with clients or vendors
Video conference calls

When Employee Recording Is Legal

An employee in Hawaii can legally record in the following situations:

Open work areas. Common spaces like open-plan offices, conference rooms, break rooms, hallways, and lobbies are not "private places" under HRS 711-1111. One-party consent applies, and the employee can record any conversation they participate in.

Phone calls. All phone calls where the employee is a participant can be recorded under one-party consent. This includes calls on company phones, personal cell phones, and VoIP platforms.

Meetings. An employee attending a meeting can record it as long as they are a participant. This includes team meetings, one-on-one meetings with supervisors, and group discussions.

When Employee Recording May Be Restricted

Private offices. An enclosed private office may qualify as a "private place" under HRS 711-1111. If an employee is called into a manager's closed-door private office, recording without the manager's consent could violate the private places rule. This is a misdemeanor offense.

Bathrooms and locker rooms. These are private places where recording is always prohibited without all-party consent. Recording in these areas can also trigger the more serious voyeurism charges under HRS 711-1110.9.

Conversations you are not part of. Planting a recording device and leaving to capture conversations between other people is illegal eavesdropping under HRS 803-42, regardless of the location.

Employer Surveillance Rights

Hawaii dashcam mounted behind a rearview mirror inside a vehicle, road ahead visible th

Video Surveillance in the Workplace

Hawaii employers can install video surveillance cameras in areas where employees do not have a reasonable expectation of privacy. Permissible locations include:

Entrances and exits
Parking lots
Sales floors and customer-facing areas
Warehouses and production floors
Common hallways and corridors
Loading docks

Prohibited Surveillance Areas

Employers cannot install cameras or recording devices in:

Bathrooms and restrooms
Locker rooms and changing areas
Shower facilities
Nursing rooms and lactation spaces
Any area designated as a "private place" under HRS 711-1111

Recording in these areas is a misdemeanor under HRS 711-1111 and may be elevated to a Class C felony under HRS 711-1110.9 if intimate images are captured.

Audio Surveillance by Employers

Employer audio surveillance is more restricted than video. Under HRS 803-42, intercepting oral communications requires the consent of at least one party. An employer cannot:

Place hidden audio recording devices in work areas to record employee conversations without any participant's knowledge
Tap employee phone lines without notice or consent
Record conversations in areas where employees have privacy expectations

An employer can:

Record phone calls when the company is a party to the call (customer service monitoring)
Use audio recording in public-facing areas with proper notice
Monitor calls when employees are informed through written policies

Employee Notice Requirements

While Hawaii law does not have a specific statute requiring employers to notify employees about workplace surveillance, best practices include:

Written policies in the employee handbook disclosing surveillance practices
Visible signage where cameras are installed
Clear notification in job offers or employment agreements
Annual reminders about monitoring practices

Employer No-Recording Policies

Hawaii modern hearing aid behind an ear, close-up with blurred office background

Legality of Workplace Recording Bans

Employers in Hawaii can implement no-recording policies as a condition of employment. Violating a no-recording policy may result in termination, disciplinary action, or other employment consequences, even if the recording itself does not violate state law. However, employer policies cannot make legally permitted recordings "illegal" -- they simply create employment consequences.

Federal Labor Law Limitations

The National Labor Relations Act (NLRA) Section 7 provides important protections that may override employer no-recording policies in certain situations. The National Labor Relations Board (NLRB) has found that blanket no-recording policies can violate employees' Section 7 rights to engage in concerted activity.

Under the current standard set by Stericycle, Inc., 372 NLRB No. 113 (2023), the NLRB evaluates employer work rules by asking whether a reasonably objective employee, not aware of NLRA rights, would read the rule as prohibiting or chilling protected concerted activity. A blanket no-recording rule fails this test unless the employer proves a substantial business justification that outweighs the restriction on protected rights.

An employer's no-recording policy may be unlawful if it would reasonably tend to chill employees from exercising their rights to:

Document unsafe working conditions
Record evidence of labor law violations
Gather information to support union organizing efforts
Preserve evidence of harassment, discrimination, or retaliation

Note: NLRB General Counsel Memorandum GC 25-05 (February 2025) is a housekeeping rescission of prior GC memos, not a substantive policy change. Stericycle remains the controlling standard.

Employers can maintain narrowly tailored recording restrictions that serve a legitimate business justification, such as protecting trade secrets, client confidentiality, or HIPAA-protected information.

Recording Specific Workplace Situations

Hawaii small led indicator light glowing on the temple arm of modern eyeglasses, close-

Documenting Harassment

Hawaii employees have the right to record conversations that document workplace harassment, including:

Sexual harassment incidents
Racial or ethnic discrimination
Hostile work environment conditions
Retaliation for reporting safety violations or engaging in protected activity

Under one-party consent, an employee who participates in these conversations can record them without informing the harasser. The recording must be made in an area where the private places exception does not apply.

Whistleblower Protections

Hawaii's Whistleblower Protection Act (HRS 378-61 to 378-69) protects employees who report violations of law or safety standards. Recording workplace violations for the purpose of whistleblowing may be protected under both state and federal law.

Recording Disciplinary Meetings

Employees called into disciplinary meetings can record under one-party consent if:

The meeting takes place in an open conference room or common area (not a "private place")
The employee is a participant in the meeting
The recording is not prohibited by a valid employer policy that the employee has agreed to

For meetings in enclosed private offices, the private places exception may require all-party consent.

Performance Reviews

Performance reviews are conversations in which the employee participates. Under one-party consent, the employee can record their own performance review. This is most clearly permitted in common meeting areas.

Wearable Technology and AI Recording

Wearable Recording Devices

Hawaii law permits employees to use wearable recording devices like Plaud and similar AI voice recorders at work, provided:

The employee is a party to the conversations being recorded
The recording does not occur in a private place without all-party consent
The recording is not for a criminal or tortious purpose

AI Meeting Assistants

AI meeting assistants that join video calls and conferences are permitted under Hawaii's one-party consent framework. The key question is whether the AI tool is acting as a participant or with the consent of a participant. As long as one party to the call consents, the recording is permitted.

An employee using an AI note-taker for a work video call they attend is covered by one-party consent. However, using the device in a physical meeting in a manager's private office could raise HRS 711-1111 issues.

Smart Glasses

Smart glasses that record video and audio can be used by employees who are party to a conversation. The private places exception under HRS 711-1111 still applies. Using a wearable recorder in a private office or enclosed area where someone expects to be free from surveillance may require all-party consent.

Penalty Summary

Violation	Statute	Classification	Maximum Penalty
Illegal audio interception	HRS 803-42	Class C Felony	5 years, $10,000 fine
Recording in private place without consent	HRS 711-1111	Misdemeanor	1 year, $2,000 fine
Camera capturing intimate images	HRS 711-1110.9	Class C Felony	5 years, $10,000 fine
Civil damages for illegal interception	HRS 803-48	Civil	$10,000 min or $100/day

Federal Developments Affecting Workplace Recordings

Hawaii's election deepfake law, Act 191 SLH 2024, was permanently enjoined as facially unconstitutional in Babylon Bee LLC v. Lopez, No. 1:25-cv-00234 (D. Haw. Jan. 30, 2026). The federal TAKE IT DOWN Act (signed May 19, 2025, effective May 19, 2026) imposes notice-and-takedown obligations on platforms for non-consensual intimate images, including AI-generated deepfakes. Employers who maintain employee-generated content on internal platforms should be aware of these emerging obligations.

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Sources and References

Hawaii Revised Statutes 803-42 - Interception of Communications(capitol.hawaii.gov).gov
Hawaii Revised Statutes 711-1111 - Violation of Privacy in the Second Degree(capitol.hawaii.gov).gov
Hawaii Revised Statutes 711-1110.9 - Violation of Privacy in the First Degree(capitol.hawaii.gov).gov
Hawaii Revised Statutes 378-62 - Whistleblower Protection(capitol.hawaii.gov).gov
Hawaii Civil Rights Commission(labor.hawaii.gov).gov
Hawaii Rules of Evidence Rule 901(capitol.hawaii.gov).gov
18 U.S.C. 2511 - Federal Wiretap Act(law.cornell.edu)

Employee Rights to Record at Work