An employer engaged in the alarm service business did not violate Title III of the Omnibus Crime Control and Safe Streets Act of 1968 by recording all incoming and outgoing telephone calls because such recording was conducted in the ordinary course of business and reflected industry-wide practice, the 2nd U.S. Circuit Court of Appeals ruled Jan. 21 (Arias v. Mutual Central Alarm Service Inc., 2d Cir., No. 99-7240, 1/21/00).
The employer was not required to notify employees that it was recording calls in order to claim the business exception absent evidence showing that providing notice was common in the industry, the court said.
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