Is it illegal to have a micraphone in the workplace?

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Is it illegal to have a micraphone in the workplace?

Our store front is about 48 by 30 and we have 5 cameras and a motion sensor. Only 1 camera has a mic and it’s right by the front desk where we sit. We were told there weren’t any mics but we found one.

Asked on April 19, 2017 under Employment Labor Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Employees must be informed that a recording is being made. That's because in MI, all parties to a conversation must agree to its being recorded. The exception being that conversations in public areas (i.e. in a store, restaurant, builfing lobby/hallway, etc.) can be recorded without consent since in such areas there is no "expectation of privacy". As for the cameras, there can be no recording in "private areas" such as changing, break or rest rooms.


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