The links provided by walesmaven show the state I was referring to as "all party consent" versus the two party consent state that the original op provided for audio laws state by state. Bear in mind I am referring to "audio" shops only. Video is not my thing so I have never bothered to check it out.
While a bit complicated sticking with my original comment for this reason. All information shows it is illegal to privately audio record someone in this state whether by phone or in person. And while employers can ask you to sign a consent doing so is not legal/binding in a state with laws where it is illegal.
Hard to follow but its like this. If it is illegal to sell sheep in your state, your boss can ask you to consent to selling sheep in that state within the employment agreement but it is not valid/binding because the state law deems it illegal. Same holds true if the federal law deems something illegal. A private contract between two parties does not trump the state or federal law.
Some states also have fines for anyone doing so. In the state I mentioned it is $ 10,000.00 for anyone knowingly privately audio recording someone without first obtaining all party consent.
The way it reads for these "audio" on site shops the shopper would need to inform the target and anyone else in earshot that they are being recorded. IF the target or other refuses being recorded you must stop the recording.
Could it ultimately be argued in court? Sure anythings possible. Personally I prefer to just play it safe.
Edited 1 time(s). Last edit at 09/06/2015 10:03PM by ishoparound.