The advent of smartphones and other small mobile devices has created a new controversy in the modern workplace: the recording of sensitive or private conversations between employers and employees. Increasingly, recorded conversations are playing a role in winning former employees unlawful termination suits, where the recordings demonstrate clear discrimination or intimidation related to grievances or union activity. The matter is complicated by the fact that 38 states have instituted what are called "single consent" laws, whereby only one party in a conversation need agree to have the meeting recorded. Legal consultants urge companies to institute their own zero tolerance policies for recording conversations, including having employees sign an agreement at the outset of meetings and evaluations.
See "More People Are Using Smartphones To Secretly Record Office Conversations", David Koeppel, Business Insider, July 28, 2011