Michigan House Bill HB4802

Michigan 2023-2024 Regular Session

• Introduced: 6/15/23
• Refer: 6/15/23

Caption

Worker's compensation: other; certain references in the worker's compensation act; make gender neutral. Amends secs. 118, 335 & 353 of 1969 PA 317 (MCL 418.118 et seq.). TIE BAR WITH: HJR F'23

Impact

By amending the definitions and conditions regarding domestic servants and dependents, HB4802 may significantly affect the worker's compensation landscape in Michigan. The bill's stipulations aim to reduce the potential for claims against private employers, thereby lessening the administrative burden on families employing domestic help. However, this could leave some domestic workers without necessary protections under the worker's compensation laws, especially those who do not fit neatly into the proposed definitions. Additionally, the treatment of payments to dependents post-remarriage and the handling of support for children reaching adulthood could have implications on how compensation is managed across different circumstances.

Summary

House Bill 4802 aims to amend the Worker’s Disability Compensation Act of 1969 in Michigan, specifically addressing the treatment of household domestic servants under the law. The bill proposes changes to how dependents are defined within the context of compensation claims and seeks to clarify the liabilities of private employers toward domestic workers. It specifies that household domestic servants who are family members residing in the home will not be classified as employees, unless they meet certain conditions regarding work hours and duration of employment. The proposed amendments intend to protect private employers from liabilities concerning family member domestic workers while ensuring that proper definitions and classifications are applied in regard to compensation matters.

Contention

During discussions of HB4802, there were notable points of contention primarily surrounding the classification and protection rights of domestic workers. Critics argue that by excluding household domestic servants from employee status, the bill creates potential gaps in workers' rights and protections against workplace injuries. Proponents, however, assert that it creates a clearer framework that recognizes familial relationships while balancing employer liabilities. This reflects a broader discussion about labor rights, the changing nature of household employment, and the need to modernize laws to reflect current societal structures.