“AI Glasses” is an exciting evolution, not revolution yet in most workplaces. The tech is advancing fast, but the human/legal/cultural side needs to catch up just as quickly.
“AI glasses” (often called smart glasses) are quickly moving from novelty to mainstream. The hands-free photos/video, voice commands, live translation, and even AI assistants that can summarize what they “see” or “hear.” That convenience is exactly what raises the question if the same device that helps an employee do their job can also record coworkers, customers, and confidential conversations. Audio or video capture can happen with little visual indication, and state wiretapping laws vary widely.
Many states follow “one-party consent” rules, meaning someone who is part of the conversation can legally record it. However, several states require all parties’ consent before recording a private conversation. California, for example, prohibits recording a “confidential communication” without everyone’s consent. All-party consent states commonly include CA, CT, DE, FL, IL, MD, MA, MT, NV, NH, PA, and WA, and each state’s law can differ in important ways. Because requirements vary, employers should review applicable state rules before implementing or enforcing workplace recording policies.
Should smart glasses be banned?
Clear rules can specify that recording devices (including smart glasses) must not capture coworker or customer conversations without express consent and designate when they must be turned off (e.g., private HR meetings, investigations, or customer negotiations). At the same time, regulators are watching how wearable data is used. The EEOC has flagged potential discrimination risks when wearable tech collects or influences employment decisions, and employers need to ensure use of any wearable data complies with federal anti-discrimination and accommodation laws.
Rather than an outright ban (which can conflict with labor rights around recording protected activity), a balanced approach is best. For example, a good start is to prohibit covert recordings, require consent for any capture of audio/video, train managers and employees about expectations, and tailor policies to protect confidential discussions while still allowing legitimate use of technology. This proactive clarity helps protect employee privacy, reduces legal risk, and supports trust in the workplace.
Have questions about smart glasses and workplace privacy? Reach out to your HR Business Partner at HR@eESIpeo.com. We’re happy to help you with best practices that protect your people and your business.
Learn more: Littler (Jan. 2, 2025) – EEOC Fact Sheet on Wearable Technologies Indicates Growing Concern over Employee Monitoring.
