North Dakota Workplace Recording Laws: Employee and Employer Rights (2026)

North Dakota is a one-party consent state under N.D.C.C. § 12.1-15-02, so an employee may record any workplace conversation they participate in without notifying coworkers or managers. Employers may still enforce no-recording policies, and violating one can result in termination even though the recording itself is not a criminal offense.

North Dakota's one-party consent law under N.D.C.C. § 12.1-15-02 gives employees broad rights to record workplace conversations. You can record in-person meetings and phone calls you participate in without informing other parties, as long as the recording is not made for criminal or unlawful purposes. Employers also have rights to conduct surveillance in appropriate areas.

This guide covers employee recording rights, employer surveillance rules, how company policies interact with state law, federal labor protections, and how workplace recordings are used in legal proceedings.

Employee Recording Rights

Recording In-Person Workplace Conversations

Under one-party consent, North Dakota employees can record face-to-face workplace interactions including:

• Meetings with supervisors and managers
• Performance reviews and disciplinary meetings
• Conversations with HR representatives
• Discussions with coworkers
• Safety briefings and verbal instructions
• Union meetings and organizing discussions

The recording must not be for criminal or unlawful purposes. Documenting harassment, preserving verbal agreements, and recording for potential litigation are all lawful purposes.

Recording Work Phone Calls

One-party consent applies to work phone calls. You can record calls with clients, conference calls, virtual meetings on Zoom or Teams, and calls with vendors without informing other participants.

The Unlawful Purpose Limitation

Even with one-party consent, recording at work becomes illegal if done for:

• Blackmail or extortion of a coworker or employer
• Facilitating fraud or theft
• Stalking or intimidating coworkers
• Any other criminal or unlawful purpose

Employer Surveillance Rights

Video Surveillance

North Dakota employers can install cameras in common work areas where employees have no reasonable privacy expectation: lobbies, sales floors, warehouses, parking lots, hallways, and cash register areas.

Prohibited Areas

Employers cannot place cameras in bathrooms, locker rooms, changing areas, nursing rooms, or medical examination areas. Cameras in these locations can result in criminal charges and civil liability.

Audio Surveillance

Employer audio surveillance follows one-party consent rules. An employee on the recorded call satisfies the consent requirement. However, the NLRB has found that pervasive audio surveillance can interfere with employees' Section 7 rights.

Company Recording Policies

Can Employers Ban Recording?

Many employers maintain no-recording policies. These policies are enforceable as employment conditions. Key points:

• A company policy cannot make recording a crime
• Violating the policy can result in termination (North Dakota is at-will)
• The recording itself remains legally valid
• Recordings made in violation of policy can still be used as evidence

When NLRA Protections Apply

The National Labor Relations Act protects recording as concerted activity when employees record to document unsafe conditions, wage theft, or unfair labor practices. Under Stericycle, Inc., 372 NLRB No. 113 (2023), the NLRB evaluates no-recording policies under a new employee-protective standard: a rule is presumptively unlawful if it could reasonably be read to interfere with Section 7 rights, unless the employer demonstrates a legitimate business justification. Overly broad policies that ban recording in all circumstances, with no safety-related carve-out, are particularly vulnerable under this standard.

Federal Protections

OSHA Whistleblower Protections

OSHA protects employees who report unsafe conditions. Recordings of safety violations support whistleblower claims under 29 U.S.C. § 660(c).

EEOC and Discrimination Documentation

Employees can use recordings to support discrimination and harassment claims filed with the EEOC. Courts evaluate these recordings on a case-by-case basis.

Using Workplace Recordings in Legal Proceedings

Workplace recordings are admissible in North Dakota courts for employment lawsuits, workers' compensation claims, and administrative proceedings before the North Dakota Department of Labor. They can support claims of wrongful termination, harassment, discrimination, wage theft, and retaliation.

Remote Work Monitoring

North Dakota does not have specific remote work monitoring legislation. Employers should disclose monitoring practices in writing and limit monitoring to work activities on company devices.

More North Dakota 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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