Article published originally in the Fall 2026 issue of The Buzz Book
It is a universal truth of our society that at the first hint of anything out of the ordinary, someone will pull out their phone and start recording. From mainstream media outlets to platforms like TikTok, YouTube and Instagram, short form video entertains and informs interchangeably. But what happens when the workplace becomes the stage?
The use of audio and video recordings in the workplace is an evolving concern for both employees and employers. Can my employer prohibit me from making recordings on the clock? As an employer can I protect my workplace and brand from recordings taken at my business? The answer to these and other questions on this issue is, like most things these days, complicated.
Ohio is a One-Party Consent State
Let’s start with the “general rules.” Ohio Rev. Code § 2933.52 is Ohio's primary wiretapping and eavesdropping statute. It prohibits the interception of wire, oral, or electronic communications, but contains a significant exception: a non-law enforcement person does not violate the statute if they are a party to the communication, or if one of the parties has given prior consent to the recording, so long as the recording is not made for the purpose of committing a criminal offense or to cause harm. This makes Ohio a “one-party consent” state for audio recording purposes.
Similarly, in traditional public areas, you have a First Amendment right to record anything in plain sight. This includes filming police officers performing their duties, government buildings, and people passing by.
Collectively, these laws mean that employees can legally record conversations they have at work with a co-worker, a supervisor or even a customer and can make videos in public areas.
However, the fact that a recording may be lawful under Ohio law does not mean an employee has an unlimited right to record in the workplace. Under the framework of Ohio law, employers may lawfully adopt and enforce workplace policies that prohibit or restrict audio and video recordings in the workplace. Employers may do this to protect sensitive information, trade secrets, patient and client privacy (think HIPAA), or to prevent customer harassment.
There are exceptions where both employees and employers can record in the workplace. To learn more and read the full article with key takeaways visit RCO Law online: www.rcolaw.com/articles/recordatwork