Recording in Progress

While Illinois is a two-party consent state when it comes to recording conversations, the National Labor Relations Board has held that when employees’ surreptitious recordings qualify as protected activity, federal labor law may preempt state eavesdropping statutes. In his August 2026 Illinois Bar Journal article, "Recording in Progress," Sam Hensel examines whether leadership changes at the Board may threaten this holding, creating uncertainty for employers, unions, and employees. Hensel suggests unions, especially, may wish to exercise caution in relying on employee-made recordings in legal proceedings.

Read, "Recording in Progress," in the August Illinois Bar Journal.