Are there special rules for intercepting and monitoring employees telephone calls?
A. Although intercepting and listening to, recording, or using the contents of employees’ telephone calls violates the federal wiretap law unless the employee consents an exception to that rule known as the business extension exception allows some interceptions that would otherwise violate the statute. Q. What is the “business extension exception?” A. Under the business extension exception, an employer may intercept telephone calls if the interception is made with equipment furnished in the ordinary course of business by a wire communication service, such as the telephone company, and used in the ordinary course of the employer’s business. Two issues involving the application of this exception to employers are: • When is interception of employees’ telephone calls done in the ordinary course of business”? • What equipment is used to intercept the calls? Q. Does the business extension exception allow an employer to intercept personal telephone calls? A. Interception of employees’ persona
