Michigan Laws 37.275 – Certain acts by employer not prohibited or restricted
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 37.275
- Access information: means user name, password, login information, or other security information that protects access to a personal internet account. See Michigan Laws 37.272
- Employer: means a person, including a unit of state or local government, engaged in a business, industry, profession, trade, or other enterprise in this state and includes an agent, representative, or designee of the employer. See Michigan Laws 37.272
- Personal internet account: means an account created via a bounded system established by an internet-based service that requires a user to input or store access information via an electronic device to view, create, utilize, or edit the user's account information, profile, display, communications, or stored data. See Michigan Laws 37.272
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) This act does not prohibit an employer from doing any of the following:
(a) Requesting or requiring an employee to disclose access information to the employer to gain access to or operate any of the following:
(i) An electronic communications device paid for in whole or in part by the employer.
(ii) An account or service provided by the employer, obtained by virtue of the employee’s employment relationship with the employer, or used for the employer’s business purposes.
(b) Disciplining or discharging an employee for transferring the employer’s proprietary or confidential information or financial data to an employee’s personal internet account without the employer’s authorization.
(c) Conducting an investigation or requiring an employee to cooperate in an investigation in any of the following circumstances:
(i) If there is specific information about activity on the employee’s personal internet account, for the purpose of ensuring compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct.
(ii) If the employer has specific information about an unauthorized transfer of the employer’s proprietary information, confidential information, or financial data to an employee’s personal internet account.
(d) Restricting or prohibiting an employee’s access to certain websites while using an electronic communications device paid for in whole or in part by the employer or while using an employer’s network or resources, in accordance with state and federal law.
(e) Monitoring, reviewing, or accessing electronic data stored on an electronic communications device paid for in whole or in part by the employer, or traveling through or stored on an employer’s network, in accordance with state and federal law.
(2) This act does not prohibit or restrict an employer from complying with a duty to screen employees or applicants prior to hiring or to monitor or retain employee communications that is established under federal law or by a self-regulatory organization, as defined in section 3(a)(26) of the securities and exchange act of 1934, 15 USC 78c(a)(26).
(3) This act does not prohibit or restrict an employer from viewing, accessing, or utilizing information about an employee or applicant that can be obtained without any required access information or that is available in the public domain.