Is It Legal to Record a Conversation in the Workplace in Nevada?

This question often comes up when employees want to have evidence in case they need to file a lawsuit against their employer. In Nevada, whether a person can legally record a conversation depends on the type of conversation and the people involved.

Wired Conversations

Nevada law prohibits a person from “intercepting” or recording any communication that occurs through the use of wires unless all parties consent to the recording. (See also here). A wire communication includes a telephone and likely anything through the Internet, such as Skype, FaceTime, and other apps or programs used to speak with another person.  Any recordings made without consent will not be admissible in court and the person recording the conversation could be prosecuted for committing a felony.

As an example, if you have a conference call at work or your boss calls you on the phone to discipline or terminate you, then you cannot legally record those conversations without the consent of the other parties involved.

There is one major exception to this rule: if an emergency situation exists and it is impractical to obtain a court order first, then a person may record a wired conversation without consent if that person asks a court within 72 hours to ratify the recording.

Note also that if the person recording the wired communication is in another state, then law of the state where the person recording the conversation is located applies, not Nevada law. (See here).

In-Person Conversation

In Nevada, you may record an in-person conversation so long as one party to the conversation consents to the recording. That means that if you are a party to the conversation, then you can consent to the recording yourself and make the recording without the other parties’ consent.

For example, if your supervisor invites you into her office for a disciplinary meeting, then you could record the conversation without her consent. You could also record any other conversation at work if you are a party to that conversation. Note, however, that a person who is not a party to a private conversation may not record the conversation without the authorization of at least one party to the conversation.

Of course, whether a conversation is “private” is open to interpretation. To be illegal, the recording must “intrude upon the privacy of other persons,” so if the conversation is had in a public place or is not intended to be private then a recording could be legal without the parties’ consent.

For example, if your supervisor and the HR manager have a conversation in your supervisor’s office about you and they intend the conversation to be private, then you may not record the conversation without the consent of at least one of those individuals. However, if one of your co-workers goes in to meet with them as a witness and you ask your co-worker for consent to record the conversation, then you could legally record it.