Q: Is it legal for my boss to use Zoom AI transcription in my 1 on 1 meeting?

A: Your boss can require you to participate in a meeting when the AI transcription tool is used. You can refuse. The boss can then terminate you for refusing. Good luck to you.

A: In California, recording confidential communications without the consent of all parties is generally illegal under the state's two-party consent law (California Penal Code § 632). This law applies to confidential communications, which are defined as any communication carried on in circumstances that reasonably indicate that any party to the communication desires it to be confined to the parties thereto.

However, the law is less clear when it comes to the use of AI transcription tools, as they do not necessarily create a recording in the traditional sense. The key question is whether the transcription tool is creating a record of a confidential communication without the consent of all parties.

While there is no definitive legal answer yet, it is generally advisable for employers to obtain the consent of employees before using AI transcription tools in one-on-one meetings, especially if the meetings involve sensitive or confidential information. This is not only a matter of legal compliance but also of maintaining trust and transparency in the workplace.

If you are uncomfortable with your boss using the AI transcription tool without your consent, you may want to raise your concerns with your boss or with your company's HR department. You could also suggest alternative ways to create meeting notes, such as having both parties review and agree on a written summary after the meeting.

It's important to note that this is a relatively new and evolving area of law, and the specific circumstances of each case may impact the legal analysis. If you have serious concerns, you may want to consult with an employment attorney for more specific guidance.