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.