Can Employers Legally Record a Video Interview Without My Consent?
TL;DR: It depends on your state. In one-party consent states, an employer only needs one participant's consent — theirs counts. In two-party (all-party) consent states like California, Florida, Illinois, and about a dozen others, everyone being recorded must be notified and agree. Most platforms (Zoom, Teams, Meet) show an on-screen banner when recording starts — always check for it.
Why it matters
Recording laws exist to protect you from being secretly captured and used against your interests. Knowing your state's rule means you can ask directly and confidently if you're unsure.
Consent law basics
- One-party consent states (most of the US): only one person in the conversation needs to know it's being recorded — that can legally be the employer.
- Two-party/all-party consent states: everyone on the call must be informed. States include California, Florida, Illinois, Pennsylvania, Washington, Massachusetts, Montana, Nevada, New Hampshire, Maryland, Michigan, Oregon, Connecticut, Delaware, and Vermont (rules vary by state, so verify specifics).
- Video platforms almost always show a visible recording indicator — a red dot, a banner, or a notification — when recording is active.
Comparison: what employers can and can't do
| Scenario | Legal in one-party states | Legal in two-party states |
|---|---|---|
| Recording without telling you | Yes | No — requires notice |
| Recording with an on-screen banner shown | Yes | Yes, since notice was given |
| Recording secretly with no indicator | Legally risky everywhere; explicitly illegal in two-party states | Illegal |
Step-by-step: what to do
- Check if the platform shows a recording notification at the start of the call.
- If you're in a two-party consent state and see no notice, ask directly: "Is this call being recorded?" — this is a completely normal question.
- If told yes, you can ask how the recording will be used (internal review, AI note-taking tool, etc.) — reasonable employers will explain.
- If you learn you were recorded without consent in a two-party state, you can consult your state's attorney general office or an employment attorney about your options.
FAQ
Does using an AI notetaker during the interview count as recording? Yes — tools like automated meeting notetakers that transcribe or record audio are subject to the same consent laws as a manual recording. Can I record my own interview for my own notes? Under the same consent rules that apply to the employer — in a one-party state, you can typically record with just your own knowledge; in a two-party state, you'd need to disclose it too. Does this apply to AI interview practice tools like mock interview software? No — those are private practice sessions you control, not a live interview with an employer, so standard consent laws for third-party recording don't apply.
By Pinal Dave Last updated: 2026-08-03