Michigan 2023-2024 Regular Session

Michigan House Bill HB4395

Introduced
4/12/23  

Caption

Labor: hours and wages; employee who files a claim alleging that an employer violated 2018 PA 337; prohibit the commissioner from disclosing the employee's name to the employer under certain circumstances. Amends sec. 9 of 2018 PA 337 (MCL 408.939).

Impact

The bill has profound implications for existing labor laws in Michigan by offering employees an expanded right to take legal action against employers for wage violations. If enacted, it strengthens the mechanisms through which employees can seek redress and would require prompt action by the commissioner when violations are identified. The addition of civil fines for employers who fail to comply with minimum wage laws serves as a deterrent, potentially reducing wage theft and ensuring a fairer labor market. The bill’s provisions for confidentiality around the identities of employees filing claims aim to protect them from potential retaliation, adding a layer of security for workers voicing their grievances.

Summary

House Bill 4395 seeks to amend the Improved Workforce Opportunity Wage Act of 2018 by enhancing protections for employees in cases where employers violate wage regulations. Specifically, the bill allows affected employees to bring civil actions for unpaid wages within three years of the violation, aiming to provide them with a path to recover differences in wages owed, as well as the potential for liquidated damages. This action could be taken alongside claims filed with the state's commissioner who will investigate the violation, further emphasizing the state’s commitment to uphold wage standards.

Contention

Debate surrounding HB 4395 may arise from differing perspectives on how strict labor regulations impact businesses. While proponents argue for the need to protect employee rights and prevent exploitation, some business advocates might see the bill as added burdensome regulation that limits their operational flexibility. The discussion may center on balancing protections for workers without overly hindering economic growth and business operations. Furthermore, challenges may also arise in the implementation of these amendments, particularly regarding enforcement measures and the capacity for the commissioner to handle increased claims effectively.

Companion Bills

No companion bills found.

Previously Filed As

MI HB4320

Labor: hours and wages; employee who files a claim alleging that an employer violated 2018 PA 337; prohibit the commissioner from disclosing the employee's name to the employer under certain circumstances. Amends sec. 9 of 2018 PA 337 (MCL 408.939).

MI HB4394

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).

MI HB4321

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).

MI SB0008

Labor: hours and wages; minimum hourly wage rate; modify Amends secs. 2, 4, 4d, 9 & 10 of 2018 PA 337 (MCL 408.932 et seq.).

MI HB4492

Labor: hours and wages; sharing gratuities with other employees; allow an employer to require. Amends sec. 4d of 2018 PA 337 (MCL 408.934d).

MI HB4168

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).

MI HB5890

Labor: fair employment practices; severance pay for certain employees who are laid off; require employers to pay for relocations and mass layoffs. Creates new act.

MI HB905

Prohibiting the employment of unauthorized employees; requiring hotel and lodging industry employers to verify the Social Security numbers of employees; imposing duties on the Department of Labor and Industry; and imposing penalties.

MI HB2632

Prohibiting the employment of unauthorized employees; requiring grant recipient employers to verify the Social Security numbers of employees; imposing duties on the Department of Labor and Industry; and imposing penalties.

MI HB05150

An Act Prohibiting Employers From Requiring Disclosure Of Workers' Compensation Claims Filed By Applicants For Employment Or Prospective Employees.

Similar Bills

CT SJ00007

Resolution Granting The Claims Commissioner An Extension Of Time To Dispose Of Certain Claims Against The State Pursuant To Chapter 53 Of The General Statutes.

CT HJ00041

Resolution Granting The Claims Commissioner An Extension Of Time To Dispose Of Certain Claims.

CT HJ00023

Resolution Granting The Claims Commissioner Extensions Of Time To Dispose Of Certain Claims Against The State.

CT HJ00038

Resolution Concerning The Disposition Of Certain Claims Against The State Pursuant To Chapter 53 Of The General Statutes.

CA AB2009

California Travel and Tourism Commission.

CA AB1920

California Travel and Tourism Commission.

CA AB2323

Insurance: covered communications.

CT HJ00029

Resolution Granting The Claims Commissioner An Extension Of Time To Dispose Of Certain Claims Against The State Pursuant To Chapter 53 Of The General Statutes.