New Mexico Workplace Recording Laws: Employee and Employer Rights (2026)

In New Mexico, employees may record work phone calls they take part in under the one-party rule in N.M. Stat. Ann. § 30-12-1. They may also record in-person conversations they take part in, because the state statute does not cover face-to-face talk and federal law (18 U.S.C. § 2511(2)(d)) lets a participant record. Employers may still enforce no-recording policies, and violations can result in termination under New Mexico's at-will employment rules.

New Mexico gives employees broad rights to record in the workplace. The state's wiretapping statute under N.M. Stat. Ann. § 30-12-1 covers only telephone and wire communications, leaving in-person conversations entirely outside its scope. This means state law sets no consent requirement for face-to-face workplace conversations. The federal Wiretap Act still applies, but it allows a person who is a party to a conversation to record it (18 U.S.C. § 2511(2)(d)). For work-related phone calls, one-party consent applies, and the employee who records the call satisfies that requirement by being a participant.

This guide covers the full scope of workplace recording rights and restrictions in New Mexico, including what employees and employers can legally record, how company policies affect recording rights, federal labor protections, and how workplace recordings are used in legal proceedings.

Employee Recording Rights in New Mexico

Recording In-Person Workplace Conversations

New Mexico's wiretapping statute only addresses "telegraph or telephone" communications. In-person conversations are not covered. Because the federal Wiretap Act also permits a participant to record (18 U.S.C. § 2511(2)(d)), employees can record face-to-face interactions they take part in at work without telling anyone, including:

• Meetings with supervisors and managers
• Performance reviews and disciplinary meetings
• Conversations with HR representatives
• Discussions with coworkers
• Safety briefings and training sessions
• Verbal instructions and task assignments

Your own participation supplies the consent federal law requires, so no one else's consent is needed for these recordings. You do not need to announce that you are recording or get written permission. Leaving a device behind to capture a private conversation you are not part of is different: the federal Wiretap Act bars intercepting oral communications made with a justified expectation of privacy unless a party to the conversation consents (18 U.S.C. § 2511).

Recording Work-Related Phone Calls

For phone calls made or received at work, New Mexico's one-party consent rule applies. You can record any work-related phone call you participate in, including:

• Calls with clients or customers
• Conference calls with remote colleagues
• Calls with vendors or suppliers
• Virtual meetings on Zoom, Microsoft Teams, or Google Meet
• Calls with government agencies or regulatory bodies

Your participation in the call satisfies the one-party consent requirement. You do not need to inform other participants that you are recording.

Why Employees Record at Work

Common reasons employees choose to record workplace interactions include:

• Documenting harassment or discrimination. Audio recordings provide direct evidence of hostile work environment claims, sexual harassment, or discriminatory statements.
• Preserving verbal agreements. When a manager makes a promise about a raise, promotion, or schedule change, a recording serves as proof.
• Recording performance reviews. Having a record of what was said during evaluations protects against disputes later.
• Documenting safety concerns. Recordings can prove that an employee reported unsafe conditions to management.
• Protecting against retaliation. If you file a complaint, recordings of subsequent interactions can document retaliatory behavior.

Employer Surveillance Rights

Video Surveillance in the Workplace

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

• Lobbies and reception areas
• Sales floors and retail spaces
• Warehouse and production floors
• Parking lots and exterior areas
• Hallways and common corridors
• Cash register areas and vaults

Prohibited Surveillance Locations

No New Mexico statute lists where workplace cameras may go, but employers should keep cameras out of areas where employees have a reasonable expectation of privacy:

• Bathrooms and restrooms
• Locker rooms and changing areas where employees change clothes
• Nursing rooms designated for breastfeeding employees
• Medical examination areas in workplace health facilities

Using a camera in these locations to view or record an employee's intimate areas without the employee's knowledge and consent can result in criminal voyeurism charges under N.M. Stat. Ann. § 30-9-20 and civil liability for invasion of privacy.

Audio Surveillance by Employers

Employer audio surveillance follows the same rules as individual recording. New Mexico's wiretapping statute does not cover in-person conversations, but the federal Wiretap Act bars intercepting oral communications made with a justified expectation that they are not being intercepted unless a party consents (18 U.S.C. § 2511). An employer that records employee conversations it is not part of therefore risks federal liability, particularly where employees reasonably expect privacy. For telephone monitoring, employers need one-party consent, which can be satisfied by having the employee on the call serve as the consenting party.

However, the National Labor Relations Board (NLRB) has found that pervasive audio surveillance in the workplace can interfere with employees' rights to engage in concerted activity under the National Labor Relations Act. The General Counsel memo on electronic monitoring of employees (GC 23-02) was rescinded in February 2025, so employers should look to the Act and Board decisions, not that memo, before starting audio surveillance.

Employer Notification Requirements

New Mexico does not have a specific state law requiring employers to notify employees about workplace surveillance. However, best practices include:

• Having a written workplace surveillance policy
• Including surveillance disclosure in the employee handbook
• Posting signs in areas under video surveillance
• Informing new hires about monitoring during onboarding
• Providing notice before implementing new monitoring systems

Company No-Recording Policies

Can Your Employer Ban Recording?

Many New Mexico employers maintain policies that prohibit recording in the workplace. These policies are a matter of employment contract and company rules, not criminal law. Key points:

• A company policy cannot make recording a crime. The legal right to record under New Mexico law exists regardless of company policy.
• Violating a no-recording policy can result in termination. New Mexico is an at-will employment state, meaning employers can generally fire employees for any reason that is not illegal.
• The recording itself remains legal. Even if you are fired for recording, the recording was not a criminal act and can still be used as evidence.

When Company Policies Cannot Override Recording Rights

There are situations where federal law protects your right to record even against a company policy:

• NLRA-protected concerted activity. The National Labor Relations Act protects employees who record workplace conditions as part of collective action to improve working conditions. If you record a safety violation to share with coworkers or a union representative, the NLRA may protect you from retaliation.
• Whistleblower protections. New Mexico's Whistleblower Protection Act (N.M. Stat. Ann. § 10-16C-1 et seq.) protects public employees who report violations of law. Private sector employees may have whistleblower protections under federal statutes like OSHA.
• Equal Employment Opportunity documentation. Employees gathering evidence of discrimination or harassment for an EEOC complaint may have some protection, though courts evaluate this on a case-by-case basis.

Practical Advice for Employees

Before recording at work:

1. Review your employee handbook and any recording-related policies.
2. Understand that recording may be legal but could still cost you your job if it violates company policy.
3. Weigh the importance of what you are recording against the risk of disciplinary action.
4. If you are documenting harassment or discrimination, consider whether to record openly or seek other evidence.
5. Consult with an employment attorney if you are unsure about your specific situation.

Federal Labor Protections

The National Labor Relations Act

The NLRA protects employees' rights to engage in concerted activities for mutual aid or protection. The NLRB has addressed workplace recording in several decisions:

• Overly broad no-recording policies that would reasonably be interpreted as prohibiting protected concerted activity may violate Section 7 of the NLRA. The NLRB's current standard comes from Stericycle, Inc., 372 NLRB No. 113 (2023), which replaced the prior Boeing framework: a rule that would reasonably tend to chill protected activity is presumptively unlawful unless the employer proves it advances a legitimate and substantial business interest that a more narrowly tailored rule could not serve.
• Recording to document safety hazards, wage theft, or unfair labor practices can be protected when it is part of concerted activity, meaning employees acting together or on behalf of coworkers. The NLRA does not cover supervisors, and whether a particular no-recording rule is lawful is decided case by case.
• Recording purely for personal grudges or to harass coworkers is not protected.

In February 2025 the NLRB's Acting General Counsel issued GC 25-05, rescinding a number of earlier General Counsel memos, including GC 23-02 on electronic monitoring of employees. A General Counsel memo cannot overrule a Board decision, so Stericycle remains the Board's standard for judging workplace rules, though the current Board has signaled it may revisit it.

OSHA and Workplace Safety Documentation

The Occupational Safety and Health Administration (OSHA) protects employees who report unsafe working conditions. Recordings of safety violations can support OSHA complaints and whistleblower claims. OSHA's anti-retaliation provisions under 29 U.S.C. § 660(c) protect employees who report hazards in good faith.

Using Workplace Recordings in Legal Proceedings

Employment Lawsuits

Workplace recordings made legally in New Mexico are powerful evidence in employment litigation. They can support claims of:

• Wrongful termination
• Sexual harassment or hostile work environment
• Racial or gender discrimination
• Wage theft or unpaid overtime
• Retaliation for protected activity
• Breach of employment contract

Workers' Compensation Claims

Recordings of conversations about workplace injuries, return-to-work discussions, or employer responses to injury reports can support workers' compensation claims. The New Mexico Workers' Compensation Administration adjudicates disputes between injured workers and employers.

Administrative Proceedings

Recordings can be submitted as evidence in proceedings before the New Mexico Human Rights Bureau, the EEOC, OSHA, and the NLRB.

Remote Work and Monitoring

Employer Monitoring of Remote Workers

With the growth of remote work, many employers use software to monitor employee productivity. New Mexico does not have specific legislation governing remote work monitoring. General principles apply:

• Employers should disclose monitoring practices in writing.
• Monitoring should be limited to work activities on company devices.
• Personal devices and personal accounts should not be monitored without consent.
• Keyloggers and screen capture software should be disclosed to employees.

Employee Recording of Remote Meetings

Remote meetings conducted via Zoom, Teams, or other platforms are treated as electronic communications. One-party consent applies, so you can record virtual meetings you participate in without notifying other attendees. Be aware that participants in two-party consent states may have stricter rules.

More New Mexico Recording Laws

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

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Frequently Asked Questions

Can I record my boss in New Mexico without telling them?

Yes. In-person conversations with your boss are not covered by New Mexico's wiretapping statute, and federal law allows a participant to record, so you do not need your boss's consent. Phone calls require one-party consent, which you satisfy as a participant. However, your employer may have a no-recording policy that could result in disciplinary action.

Can my employer put cameras in the workplace in New Mexico?

Yes, in common areas like lobbies, sales floors, and parking lots where employees have no reasonable expectation of privacy. Employers should keep cameras out of bathrooms, locker rooms, changing areas, and nursing rooms. Recording an employee's intimate areas in those spaces without the employee's knowledge and consent is a crime under New Mexico's voyeurism law, and other intrusive placements can lead to an invasion of privacy claim.

Can I be fired for recording at work in New Mexico?

Yes. While recording is legal under New Mexico law, your employer can fire you for violating a company no-recording policy because New Mexico is an at-will employment state. However, the NLRA may protect recording done as part of concerted activity to improve working conditions.

Can I use a workplace recording as evidence in a lawsuit?

Yes. Workplace recordings made legally under New Mexico law are generally admissible as evidence in employment lawsuits, EEOC proceedings, and workers' compensation claims. The recording must be authenticated as genuine and relevant to the case.

Does my employer have to tell me about workplace surveillance?

New Mexico does not have a specific state law requiring employers to notify employees about workplace surveillance. However, best practices include having a written policy, posting signs in monitored areas, and disclosing surveillance during onboarding.