September 14, 2006, Introduced by Reps. Kolb and Tobocman and referred to the Committee on Employment Relations, Training, and Safety.
A bill to prohibit certain employers from monitoring employee
communications unless the employer establishes an employee
monitoring policy and discloses that policy to employees; and to
provide certain civil remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"employee communications monitoring act".
Sec. 2. As used in this act:
(a) "Employee" means an individual who as a volunteer or for
compensation provides an employer with his or her labor.
(b) "Employer" means a person who employs an individual for
compensation or who supervises an individual providing labor as a
volunteer.
(c) "Monitor" means listen to, read, or record a communication
between an employee and a person who is not the employer.
Sec. 3. (1) An employer shall not monitor the communications
of an employee unless the employer establishes a communication
monitoring policy that is in writing, is disclosed to and
acknowledged in writing by each employee subject to monitoring, and
does all of the following:
(a) Specifies the methods of monitoring that the employer will
exercise.
(b) Specifies the communication media that are subject to
monitoring.
(c) Specifies the types of communications that are subject to
monitoring.
(d) Identifies the frequency at which monitoring will occur.
(e) Provides an employee whose communications are monitored
with advance written notice of the monitoring.
(2) An employer shall provide each employee subject to a
communications monitoring policy with notice of any changes to the
policy. An employer shall provide notice under this subsection in
writing to each employee subject to the policy and shall obtain
written acknowledgment of the changes from each of those employees.
Sec. 4. (1) An employer shall comply with a communication
monitoring policy that the employer establishes under this act.
(2) An employer shall not request or accept a waiver from an
employee of any right that the employee has under any applicable
state or federal law concerning monitoring.
Sec. 5. An employer who monitors an employee communication in
violation of this act is liable to that employee for actual damages
or $10,000.00, whichever is greater, and reasonable attorney fees.