March 2, 2005, Introduced by Senator BRATER and referred to the Committee on Commerce and Labor.
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. 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.
(f) Provides each employee subject to the policy with notice
of adoption of the policy and any changes to the policy. An
employer shall provide notice under this subdivision in writing to
each employee subject to the policy and shall obtain written
acknowledgment of the policy or 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 $5,000.00, whichever is greater, and reasonable attorney fees.