Michigan House Bill HB4400

Michigan 2023-2024 Regular Session

• Introduced: 4/12/23
• Refer: 4/12/23
• Refer: 4/13/23

Caption

Criminal procedure: sentencing guidelines; sentencing guideline for employer requiring nondisclosure of wages; enact. Amends sec. 14b of 1927 PA 175 (MCL 777.14b). TIE BAR WITH: HB 4401'23

Impact

The enactment of HB 4400 would significantly alter the landscape of employment law in Michigan. By increasing penalties attached to wage nondisclosure and certain MIOSHA violations, the bill aims to deter employers from imposing such clauses which can obstruct an employee's understanding of their pay relative to market standards. Furthermore, it also addresses the safety of children in the workforce through stricter regulations on their employment, particularly around hours worked, thus promoting a safer environment for young workers and aligning with broader state and national labor laws.

Summary

House Bill 4400 seeks to amend section 14b of Michigan's code of criminal procedure, specifically targeting offenses related to wage nondisclosure by employers and violations of Michigan Occupational Safety and Health Administration (MIOSHA) regulations. This bill introduces stricter penalties for employers who require employees to agree to nondisclosure clauses regarding wages and fringe benefits. The intention is to enhance salary transparency and ensure employees are aware of their earnings, which can aid in reducing wage disparities and promoting fair labor practices.

Contention

While the bill is primarily focused on employee rights and safety, there is likely to be contention around its provisions from employers who may view the increased penalties as excessive or as potential financial burdens. Critics of such legislation often argue that stringent regulations could discourage hiring practices and complicate employer-employee relations. The stipulation that the bill's enactment is contingent on the passage of related legislation (notably Senate Bill 4401) also raises questions regarding its independent viability and alignment with broader legislative goals in the state's labor and employment framework.