Legal Question in Business Law in California

Re: Is it illegal for my company to record all of my phonecalls without notifyin

I have read Mr. Whipple's response, and it is incomplete. He analyzes Penal Code section 632 which, as he says, covers only "confidential communications" whether they are telephonic or not. But his answer overlooks Penal Code section 631, which forbids any recording of telephone calls -- confidential or not -- unless all parties consent to it.

While h is correct that your superiors may not be violating Section 632, they probably are violating Section 631.

Re: Is it illegal for my company to record all of my phonecalls without notifyin

It is a crime in California to record a telephone conversation without the consent of all parties. It is also a crime to record any confidential communication -- whether telephonic or not -- without the consent of all involved. The penalties for these crimes increase for repeat offenders.

Re: Is it illegal for my company to record all of my phonecalls without notifyin

The answer is maybe not.

Neither eavesdropping nor recording is legal without the consent of all parties if the conversation (whether in person or over the phone) is a "confidential communication" as defined in the Penal Code.

However, your employer MAY have a defense, because the calls in question may not meet the statutory definition of a "confidential communication."

See Penal Code section 632 in general. Sect. 632(a) covers the crime and the increasing penalties for successive violations. See also 632(c) for the definition of a confidential communication and 632(e) etc. for additional exceptions.

Note that Penal Code section 637.2 authorizes a civil complaint for damages for violations of the anti-recording and anti-eavesdropping laws and provides for damages that are the greater of $5,000 or three times actual damages.