Labor: hours and wages; identity of employee who files a complaint under 1978 PA 390; prohibit department from disclosing to employer if requested by employee. Amends sec. 11 of 1978 PA 390 (MCL 408.481).
Impact
The bill underscores the importance of timely resolution of wage disputes and includes stipulations for formal investigations by the Department of Labor. Should informal resolution fail, employees will receive a determination regarding their complaints within a reasonable time frame, usually pegged at 90 days post-filing. The notice issued by the department will detail the specifics of any violations determined, including any wages or fringe benefits due and penalties assessed, thus providing a structured framework for both employers and employees about the procedures involved in addressing such disputes.
Summary
House Bill 4394 proposes amendments to the Michigan Public Act 390 of 1978, which governs the time and manner of payment of wages and fringe benefits. One significant change articulated in the bill is the provision allowing employees who believe their employer has violated the provisions of the act to file a complaint with the Department of Labor within 12 months from the date of the alleged violation. Additionally, this bill enhances the process of submitting complaints, emphasizing the provision of bilingual complaint forms in areas with substantial non-English speaking populations, thus improving accessibility for all employees.
Contention
A contentious point within the bill pertains to the confidentiality of the identity of employees who file complaints. The amendments stipulate that if an employee requests confidentiality, the department shall, to the extent permitted by law, not disclose the employee's identity to the employer. This provision aims to protect employees from potential retaliation by employers; however, it may raise concerns for employers about the ability to defend themselves against claims without knowing the identity of the complainant.
Further_details
Overall, HB 4394 aims to streamline the process for employees while ensuring that their rights are protected during disputes over wages. The implications of this bill could lead to more transparent employer-employee interactions and better adherence to labor laws while also fostering an environment where employees feel secure in voicing grievances without the fear of reprisal.
Labor: hours and wages; identity of employee who files a complaint under 1978 PA 390; prohibit department from disclosing to employer if requested by employee. Amends sec. 11 of 1978 PA 390 (MCL 408.481).
Labor: public service employment; deduction from a public employee's wages for certain political purposes; remove prohibition against. Amends sec. 7 of 1978 PA 390 (MCL 408.477).
Labor: fair employment practices; employer requiring nondisclosure of wages by employee; increase penalties for. Amends sec. 14 of 1978 PA 390 (MCL 408.484).
Labor: fair employment practices; written job descriptions; require employers to create and disclose to job applicants and certain employees. Amends title of 1978 PA 390 (MCL 408.471 - 408.490) & adds sec. 9a.
Labor: fair employment practices; wage information of similarly situated employees; require an employer to disclose to an employee under certain circumstances. Amends sec. 13a of 1978 PA 390 (MCL 408.483a).
Labor: fair employment practices; wage information of similarly situated employees; require an employer to disclose to an employee under certain circumstances. Amends sec. 13a of 1978 PA 390 (MCL 408.483a).
Labor: fair employment practices; failure of employer to disclose written job descriptions to job applicants and certain employees; establish sanctions and remedies for. Amends sec. 18 of 1978 PA 390 (MCL 408.488).
Labor: fair employment practices; written job descriptions; require employers to create and disclose to job applicants and certain employees, and establish sanctions and remedies for a violation. Amends title & sec. 18 of 1978 PA 390 (MCL 408.488) & adds sec. 9a.
Labor: benefits; certain types of accrued leave; require an employer to pay to an employee when employment is terminated. Amends secs. 1 & 5 of 1978 PA 390 (MCL 408.471 & 408.475).