Labor: hours and wages; employer offset of wages due an employee in a pay period based on the amount of gratuities the employee receives; prohibit. Amends sec. 4d of 2018 PA 337 (MCL 408.934d).
Impact
The bill significantly impacts labor laws relating to minimum wage by providing a distinct framework for employees who earn gratuities in their jobs. This is designed to address the unique financial dynamics of tipped employees, ensuring that they receive a fair wage that reflects their earnings in gratuities. The incremental rise in the percentage of the minimum wage that employees will receive serves to gradually adapt to the anticipated economic conditions and associated costs of living over the years.
Summary
House Bill 4168 amends the Improved Workforce Opportunity Wage Act of 2018 to establish minimum hourly wage rates for employees who receive gratuities. The bill outlines specific conditions under which the minimum wage for these employees is calculated, beginning at 38% of the established minimum wage, with incremental increases each year, ultimately reaching 50% by 2031. This structured approach aims to provide clarity and consistency for both employers and employees regarding wage expectations and adaptations based on gratuities received.
Contention
One notable point of contention that may arise from HB 4168 centers around the conditions for distributing gratuities. While the bill stipulates that employees must retain all gratuities received, some may argue about the fairness of the minimum wage offset by gratuities. Employers might face challenges in compliance with the stipulations, including keeping records for at least three years and ensuring employees are made aware of their rights regarding gratuities from the onset of employment. There may also be concerns about potential loopholes in these provisions that could affect the protection intended for tipped employees.
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