Employee Monitoring Law Planner
Sources

Michigan Eavesdropping Act (MCL 750.539a to 750.539j)

Law. Placed at Michigan. Read 30 Sep 2026; 3 provisions cited by the planner.

What does MCL 539c, 539e and 539d require?

A person, whether present at or absent from a private conversation, must not wilfully use any device to eavesdrop on it without the consent of all parties, and must not knowingly aid, employ or procure another to do so. Also cited: 539e, do not use or divulge information obtained through outside the Act eavesdropping, trespass or private-place devices; 539d(1)(a), do not install or use observing or recording devices in a private place without the consent of those entitled to privacy.

MCL 539cDo not use a device to eavesdrop on a private conversation without the consent of all parties

A person, whether present at or absent from a private conversation, must not wilfully use any device to eavesdrop on it without the consent of all parties, and must not knowingly aid, employ or procure another to do so. The rule is the same for telephone and in-person conversations. Penalty: felony, up to 2 years in state prison, a fine of up to 2,000 dollars, or both. Whether a participant can eavesdrop on their own conversation is unsettled: the Michigan Court of Appeals in Sullivan v. Gray (1982) read 'private discourse of others' in 539a(2) as excluding a participant who records, while later decisions and commentators have questioned or limited that reading. This framework records the split and does not resolve it; the opinions are not covered.

What a reviewer asks to see: Announcement or consent procedure for recorded calls and meetings with Michigan participants, giving every party notice; Rule that third parties (supervisors, vendors, AI note-takers) join or capture conversations only with all parties' consent; Legal position recorded on participant recording given the unsettled case law
Where monitoring plans usually fall short: Silent monitoring of employees' calls by supervisors; Vendor tools capturing conversations with no consent from the parties; Policy that assumes participant recording is always lawful in Michigan
Source: Michigan Eavesdropping Act (MCL 750.539a to 750.539j), read 30 Sep 2026
MCL 539eDo not use or divulge information obtained through outside the Act eavesdropping, trespass or private-place devices

A person must not use or divulge any information the person knows or reasonably should know was obtained in violation of 539b, 539c or 539d. Penalty: felony, up to 2 years in state prison or a fine of up to 2,000 dollars.

What a reviewer asks to see: Provenance check before any recording or observation report is relied on in a decision
Where monitoring plans usually fall short: Disciplinary decision based on an unlawful recording
Source: Michigan Eavesdropping Act (MCL 750.539a to 750.539j), read 30 Sep 2026
MCL 539d(1)(a)Do not install or use observing or recording devices in a private place without the consent of those entitled to privacy

A person must not install, place or use in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, recording, transmitting, photographing or eavesdropping on the sounds or events in that place. Security monitoring in a residence by or at the direction of its owner or principal occupant is excepted unless for a lewd or lascivious purpose. Penalty: felony, up to 2 years or 2,000 dollars (5 years or 5,000 dollars after a prior conviction). Proof that a device was installed in a private place is prima facie evidence of a violation (539i). For an employer this covers cameras and microphones in rest rooms, locker rooms and similar private places.

What a reviewer asks to see: Camera and microphone placement register confirming none covers rest rooms, changing areas or other private places; Consent records where any recording device is used in a place where privacy is expected
Where monitoring plans usually fall short: Cameras whose field of view reaches into changing areas; Devices installed in private offices without the occupant's consent
Source: Michigan Eavesdropping Act (MCL 750.539a to 750.539j), read 30 Sep 2026

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