Michigan House Bill HB4404

Michigan 2023-2024 Regular Session

• Introduced: 4/12/23
• Refer: 4/12/23
• Report Pass: 12/5/24

Caption

Labor: hours and wages; employer violations regarding the payment of wages and fringe benefits; increase sanctions for. Amends sec. 18 of 1978 PA 390 (MCL 408.488).

Impact

The most significant change under HB4404 is the escalation of penalties for employers who violate wage protection laws. The bill stipulates that an employer may face a fine of up to $10,000 for non-compliance rather than the previous $1,000 limit. Additionally, exemplary damages up to three times the owed wages can be imposed if violations are deemed flagrant or repeated, which serves to deter employers from neglecting their payment obligations. This increase in punitive measures is aimed at strengthening the employee's position in wage claims and ensuring that their rights are adequately protected.

Summary

House Bill 4404 aims to amend the existing 1978 PA 390, which governs the payment of wages and fringe benefits to employees in Michigan. The proposed changes primarily increase the penalties and sanctions that can be levied against employers who violate provisions related to wage payments. Specifically, the bill emphasizes enhancing the Department of Labor's authority to impose not only the repayment of missed wages and fringe benefits but also substantial penalties on employers for violations. These new measures are designed to protect employees' rights and ensure timely payments are made in accordance with their contractual agreements.

Contention

While the bill focuses on enhancing protections for employees, there could be potential pushback from business advocates who may argue that such stringent penalties can lead to undue financial strain on employers, particularly small businesses. Those opposed to the bill may express concerns that the heightened penalties could result in increased litigation or regulation, making it more difficult for companies to operate. Conversely, supporters of the bill emphasize the necessity of elevating employee protections and holding employers accountable for wage violations as a means to foster a fair labor market.