Wisconsin Workplace Recording Laws: Employee and Employer Rights (2026)

Under Wisconsin's one-party consent law, Wis. Stat. 968.31, employees may record a workplace conversation they participate in without notifying coworkers or supervisors, unless they record it to commit a crime, a tort, or another injurious act. Employers cannot criminally prohibit that recording, but they may enforce no-recording policies through disciplinary action or termination under Wisconsin's at-will employment rules.

Wisconsin's workplace recording rules are shaped by the intersection of three areas of law: the state's one-party consent wiretapping statute, privacy protections for employees, and federal labor law. Under Wis. Stat. 968.31, any employee can record conversations they participate in at work, unless they record to commit a crime, a tort, or another injurious act. At the same time, employers have broad authority to conduct video surveillance in common areas, though significant restrictions apply to private spaces.

This guide covers what employees and employers can and cannot record, how no-recording policies interact with federal labor law, and what protections exist for workers who document workplace conditions.

Employee Recording Rights

Can You Record at Work in Wisconsin?

Yes. Wisconsin's one-party consent law allows you to record a conversation you are part of, including conversations at work, unless you record it to commit a crime, a tort, or another injurious act. You can legally record:

• Meetings with your supervisor or manager
• Performance reviews and disciplinary hearings
• Conversations with HR representatives
• Discussions with coworkers
• Phone calls with clients, vendors, or customers (if you are a participant)
• Training sessions you attend

You do not need to inform anyone that you are recording. The one-party consent exception under Wis. Stat. 968.31(2)(c) applies when you are a participant in the conversation, unless you record it for the purpose of committing a crime, a tort, or any other injurious act.

What You Cannot Record at Work

Even under one-party consent, certain workplace recordings are illegal:

• Conversations you are not part of. You cannot leave a recording device in a conference room, break room, or office to capture conversations among other people when you are not present.
• Recording for criminal, tortious, or injurious purposes. If you record in order to commit a crime (such as blackmail or extortion), a tort, or any other injurious act, the recording falls outside the exception and can be a Class H felony, even though you took part in the conversation.
• Private areas. Placing a camera in a bathroom, locker room, or changing area can be a crime under Wis. Stat. 942.08 or 942.09 if it is used to observe or record people nude or partially nude, even in your own workplace.

The Criminal, Tortious, or Injurious Purpose Limitation

Wisconsin's purpose limit is especially relevant in the workplace, and it is broader than the federal rule. Wis. Stat. 968.31(2)(c) removes the one-party exception when a recording is made to commit a crime, a tort, or "any other injurious act." Why you recorded matters:

Purposes generally consistent with the exception:

• Documenting sexual harassment or hostile work environment
• Recording evidence of wage theft or labor law violations
• Preserving verbal agreements about job duties, pay, or benefits
• Documenting unsafe working conditions
• Recording discriminatory statements for use in an EEOC or ERD complaint

Purposes that can take a recording outside the exception, and expose you to a felony charge, include:

• Recording to embarrass or humiliate a coworker
• Gathering information for corporate espionage
• Recording trade secrets or confidential business information for personal gain
• Recording to facilitate a harassment campaign against another employee

Employer Surveillance Rights

Video Surveillance in the Workplace

Wisconsin employers have broad authority to monitor their workplaces with video cameras. Employers can legally place cameras in:

• Sales floors, retail areas, and service counters
• Warehouses, production floors, and manufacturing areas
• Hallways, lobbies, and reception areas
• Parking lots and building exteriors
• Loading docks and shipping areas
• Open office areas

Where Employers Should Not Place Cameras

Employers should keep cameras out of the private areas below. The criminal statutes that apply, Wis. Stat. 942.08 and 942.09, reach cameras used to observe or record people nude or partially nude in these places rather than banning cameras by location:

• Bathrooms and restrooms
• Locker rooms and changing areas
• Nursing rooms for lactating employees (also protected under federal law)
• Break rooms designated as private may be restricted depending on the expectation of privacy
• Individual offices with closed doors may have limited privacy expectations, though this varies

Wis. Stat. 942.08 (Class A misdemeanor, up to 9 months in jail and $10,000 fine, or a Class I felony if the person observed is under 18) criminalizes installing or using a surveillance device in one of these areas specifically with the intent to observe a nude or partially nude person without consent. It is not a blanket ban on camera placement in a private area: an employer who places a camera there for another purpose, such as general security, may not meet that statute's intent element. That does not rule out criminal liability: Wis. Stat. 942.09(2)(am)1 makes it a Class I felony to capture an intimate representation (such as footage of a nude or partially nude person, or of a person urinating or defecating) without the consent of the person depicted, in circumstances where that person has a reasonable expectation of privacy, if the person capturing it knows or has reason to know the person depicted does not consent. That offense has no intent-to-observe or sexual-purpose element. Civil liability for invasion of privacy can also apply. An employer that operates a locker room must also adopt a written policy on which recording devices may be used there, and that policy must bar using a cell phone to capture images of nude or partially nude people (Wis. Stat. 175.22).

Audio Surveillance by Employers

Employer audio surveillance is governed by Wis. Stat. 968.31. An employer cannot simply record all workplace conversations with hidden microphones. Audio recording requires at least one-party consent.

In practice, this means:

• An employer can record business phone calls if an employee participant consents
• An employer cannot install hidden microphones in common areas to capture employee conversations without any participant's knowledge
• If a surveillance camera also records audio, the audio component is subject to wiretapping rules
• Employers who use call recording systems should provide notice (such as "this call may be recorded")

Employer No-Recording Policies

Can Your Employer Ban Recording?

Many Wisconsin employers maintain policies that prohibit employees from recording in the workplace. While recording is legal under state criminal law, an employer can establish workplace rules that restrict recording as a condition of employment.

If you violate a no-recording policy, the consequences are employment-related, not criminal:

• Written warning
• Suspension
• Termination

Wisconsin is an at-will employment state, meaning employers can generally terminate employees for any lawful reason, including violating a workplace policy.

NLRA Protections for Employee Recording

The National Labor Relations Board (NLRB) has placed important limits on employer no-recording policies. Under Section 7 of the National Labor Relations Act, employees have the right to engage in "concerted activity" for mutual aid and protection, which can include recording workplace conditions. The NLRA does not cover supervisors, independent contractors, agricultural or domestic workers, or government employees.

The NLRB's current standard -- established in Stericycle, Inc., 372 NLRB No. 113 (2023) -- evaluates employer workplace rules by asking whether the rule has a reasonable tendency to chill employees exercising Section 7 rights. If it does, the rule is presumptively unlawful, and the employer can rebut that presumption only by proving the rule advances a legitimate and substantial business interest that a more narrowly tailored rule could not serve. NLRB General Counsel Memorandum GC 25-05 (Feb. 14, 2025) rescinded substantive prior General Counsel guidance memos issued under the previous General Counsel, but a GC memo cannot overturn Board precedent. Stericycle is a Board decision, not GC guidance. It remains the Board's standard for judging workplace rules, though the current Board has signaled it may revisit it.

The NLRB has ruled that overly broad no-recording policies can violate Section 7 because they chill employees' exercise of protected rights. An employer's no-recording policy may be unlawful if:

• It applies to all recordings at all times without exception
• It could reasonably be interpreted to prohibit recording evidence of unsafe conditions, labor violations, or union-related activity
• It was implemented in response to employees engaging in protected concerted activity
• It does not include exceptions for legally protected recording activity

Crafting a Lawful No-Recording Policy

Employers who want to restrict workplace recording should:

• Clearly state the business justification (protecting trade secrets, client confidentiality, patient privacy, etc.)
• Include exceptions for protected concerted activity under the NLRA
• Specify which areas or situations the policy covers
• Avoid blanket prohibitions that cover all recording in all circumstances
• Communicate the policy clearly to all employees

Attorney Recording Ethics in Wisconsin

State Bar Ethics Opinion EF-24-01 (2024)

In February 2024, the State Bar of Wisconsin issued Formal Ethics Opinion EF-24-01, which addresses when attorneys may record conversations without disclosing that recording is taking place. Key holdings:

• Recording one's own client without disclosure and consent is prohibited: it violates SCR 20:1.4(b) (keeping a client reasonably informed) and SCR 20:8.4(c) (dishonest conduct), because informed decisions about the representation require telling the client a recording is being made.
• Recording opposing counsel without disclosure is not misconduct per se under SCR 20:8.4(c), though the opinion cautions it carries professional risk; lying about whether a recording is occurring would separately violate SCR 20:8.4(c) and SCR 20:4.1(a).
• Recording unrepresented witnesses or third parties is not ordinarily prohibited by the disciplinary rules, but a false answer about whether a recording is occurring violates SCR 20:4.1(a) and SCR 20:8.4(c).
• The opinion does not establish a stand-alone SCR 20:4.2 (no-contact rule) bar on recording; the opinion states SCR 20:4.2 does not directly address recording.
• The 2024 opinion supersedes the 1994 State Bar ethics opinion on this topic.

Attorneys, HR professionals, and employment counsel working in Wisconsin should review EF-24-01 before deploying recording practices in the context of litigation preparation, workplace investigations, or client counseling.

Whistleblower Protections

Wisconsin Whistleblower Law

Wisconsin's whistleblower protection statute (Wis. Stat. 230.80-230.89) protects state employees who report violations of law, mismanagement, or waste of public funds. For private sector employees, protections are more limited but still significant.

Recording evidence of illegal activity may be protected under:

• State whistleblower statutes for public employees
• OSHA whistleblower protections for employees reporting workplace safety violations (29 U.S.C. 660(c))
• Title VII anti-retaliation provisions for employees documenting discrimination or harassment
• NLRA Section 7 for employees recording evidence related to working conditions

Retaliation Claims

If you are fired for recording evidence of illegal workplace activity, you may have a retaliation claim. Under Wisconsin law and federal statutes, employers cannot retaliate against employees for:

• Filing a workers' compensation claim
• Reporting OSHA violations
• Filing a discrimination complaint with the Wisconsin Equal Rights Division
• Participating in a union-related investigation
• Reporting fraud against the government (qui tam actions)

While recording itself is not always protected from employer discipline, using recordings to report illegal activity triggers anti-retaliation protections.

Specific Workplace Recording Scenarios

Recording Harassment

Recording evidence of sexual harassment, racial discrimination, or hostile work environment is one of the most common reasons employees record at work. In Wisconsin:

• You can legally record harassing statements, inappropriate comments, or threatening behavior as long as you are present
• These recordings can serve as evidence in complaints to the Wisconsin Equal Rights Division or the EEOC
• Using the recording in court is a separate question: Wisconsin courts generally do not admit the contents of a one-party recording as evidence in chief (see Using Workplace Recordings as Evidence below)
• Even if recording violates a company policy, the recording itself is still legal under state law

Recording Wage and Hour Discussions

Employees have the right to discuss wages with coworkers under the NLRA. Recording these discussions may be protected concerted activity. Employers cannot prohibit employees from discussing pay rates, and a no-recording policy that chills such discussions may violate federal labor law.

Recording Safety Concerns

Employees who record evidence of unsafe working conditions may be protected under OSHA whistleblower provisions. This includes:

• Documenting exposure to hazardous materials
• Recording evidence of safety equipment not being provided
• Preserving evidence of management ignoring safety complaints
• Documenting conditions that violate OSHA standards

Union Workplaces

Collective Bargaining Agreement Provisions

In unionized workplaces in Wisconsin, the collective bargaining agreement (CBA) may address recording. Some CBAs:

• Explicitly permit recording of grievance meetings
• Require employer notification before recording disciplinary hearings
• Address the use of surveillance cameras in bargaining unit work areas
• Include provisions about the use of recordings in arbitration

Recording During Union Activity

Recording during union organizing, meetings, or grievance proceedings may be protected under the NLRA. The NLRB has recognized that employees have the right to document their working conditions, and this right can extend to recording conversations related to union activity. One exception: in a June 25, 2025 memo (GC 25-07), the NLRB's Acting General Counsel told regional offices to treat secretly recording collective-bargaining sessions as a per se unfair labor practice. It is enforcement guidance, not a Board decision.

Using Workplace Recordings as Evidence

In Employment Litigation

Making a one-party recording is legal in Wisconsin, but using it as evidence is a separate and stricter question. The Wisconsin Supreme Court has held that a lawful one-party recording of a conversation generally cannot be admitted as evidence in chief (State v. Waste Management of Wisconsin, 1978, applying Wis. Stat. 968.29(3)). Recorded phone calls are also inadmissible in Wisconsin civil cases, with narrow exceptions, under Wis. Stat. 885.365. Narrow exceptions exist, rules can differ in federal court and administrative hearings, and small-claims courts use looser evidence rules, so talk to a lawyer before planning a case around a recording.

A recording can still help you document what happened, prepare your own testimony, and support a complaint in matters such as:

• Wrongful termination lawsuits
• Discrimination and harassment claims
• Wage theft cases
• Workers' compensation disputes
• Unemployment insurance hearings
• EEOC and ERD administrative proceedings

Authentication and Admissibility

Where a recording can be offered, you must be able to authenticate it. Best practices include:

• Preserving the original, unedited file
• Noting the date, time, location, and participants immediately after recording
• Backing up the recording in multiple locations
• Not sharing the recording on social media before legal proceedings
• Being prepared to testify about the circumstances of the recording

More Wisconsin 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 Wisconsin?

Yes. Wisconsin's one-party consent law allows you to record a conversation you participate in, including conversations with your boss, unless you record it to commit a crime, a tort, or another injurious act. You do not need to tell them you are recording. However, if your employer has a no-recording policy, violating it could lead to disciplinary action or termination, even though the recording itself is legal.

Can my employer record me at work in Wisconsin?

Your employer can use video cameras in common work areas like sales floors, warehouses, and hallways. A camera in a bathroom, locker room, or changing area is a crime if it is used to observe you nude or partially nude, and recording you undressed or using the bathroom without consent is a felony. For audio recording, the one-party consent rule applies, meaning someone in the conversation must consent.

Can I be fired for recording at work in Wisconsin?

Yes, if your employer has a no-recording policy. Wisconsin is an at-will employment state, and employers can terminate employees for violating workplace policies. However, the NLRB has ruled that overly broad no-recording policies can violate employees' rights under the National Labor Relations Act.

Can I record evidence of harassment at work?

Yes. Recording a conversation you take part in to document harassment or discrimination is legal under Wisconsin's one-party consent law. The recording can support a complaint to the Wisconsin Equal Rights Division or the EEOC, but Wisconsin courts generally do not admit the contents of a one-party recording as evidence in chief (State v. Waste Management, 1978), so ask a lawyer how it can be used. Even if recording violates a company policy, the recording is still legal under state law.

Are employer no-recording policies legal in Wisconsin?

Employer no-recording policies are generally enforceable as workplace rules. However, the NLRB has ruled that blanket no-recording policies that prohibit all recording without exception can violate employees' rights under Section 7 of the National Labor Relations Act. Policies should include exceptions for protected concerted activity.