| 1 | | - | Substitute For SENATE BILL NO. 965 A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending sections 3, 21, and 22 (MCL 409.103, 409.121, and 409.122), section 3 as amended by 1997 PA 132 and section 22 as amended by 1980 PA 436. the people of the state of michigan enact: Sec. 3. (1) A minor shall must not be employed in, about, or in connection with an occupation that is hazardous either of the following: (a) Hazardous or injurious to the minor's health or personal well-being. or that is contrary (b) Contrary to standards established under this act, unless a deviation is granted under section 20. (2) The minimum age for employment of minors is 14 years, subject to the following exceptions and limitations: (a) A minor at least 11 years of age and less than 14 years of age may be employed as a youth athletic program referee or umpire for an age bracket younger than his or her the minor's own age if an adult representing who represents the athletic program is on the premises at which the athletic program event is occurring and a person responsible for the athletic program possesses a written acknowledgment of the minor's parent or guardian consenting to the minor's employment as a referee or umpire. (b) A minor 11 years of age or older may be employed as a golf caddy. (c) A minor 13 years of age or older may be employed in farming operations as described in section 4(3). (d) A minor 11 years of age or older may be employed as a bridge caddy at any event sanctioned by the American contract bridge league or other national bridge league association. (e) A minor 13 years of age or older may be employed to perform services which that entail setting traps for formal or informal trap, skeet, and sporting clays shooting events. Sec. 21. (1) The department of labor director shall enforce this act and assist in the prosecution of this act. The department shall have the authority to director may enter and inspect any place where a minor may be employed and to have access to work permits, age certificates, or other proof of age and time records of the employer, and other records which that may aid in the enforcement of this act. (2) An employer shall not discharge, discipline, retaliate against, or otherwise discriminate against an employee or minor who exercises a right granted under this act on behalf of the employee or minor or another employee or minor. (3) If a person violates this act or a rule promulgated under this act, the director may, after providing notice of and an opportunity for a hearing conducted in the same manner as a contested case under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, impose an administrative fine of not more than $5,000.00 for each violation. The director shall notify the attorney general if a person does not pay an administrative fine under this section. The attorney general shall bring a civil action to recover the administrative fine and costs and fees. An administrative fine collected or recovered under this subsection must be deposited in the general fund. (4) In addition to any other action authorized under this act, the director may bring an action to do 1 or more of the following: (a) Obtain a declaratory judgment that a method, act, or practice is in violation of this act. (b) Obtain an injunction against an employer who is engaging in, or about to engage in, a method, act, or practice that violates this act. (c) Obtain a judgment that requires an employer that violated this act to pay to each minor who was employed in violation of this act an award. If the violation resulted in the minor being unable to continue employment with the employer, the award must be an amount greater than or equal to the minor's hourly wage rate at the time of the violation multiplied by the average number of hours the minor worked during the 4-week period immediately preceding the violation multiplied by 4. Sec. 22. (1) Except as provided in subsection (2) or (3), a person an employer or an agent of an employer who employs a minor in violation of this act, violates this act or a rule promulgated under this act, or obstructs the department of labor director in the enforcement of this act is guilty of a crime punishable as follows: (a) For a first offense, a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $500.00, $5,000.00, or both. (2) A person who employs, permits, or suffers a minor in violation of section 12a is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $2,000.00, or both. A person who commits (b) For a second offense, under section 12a is guilty of a misdemeanor, a felony punishable by imprisonment for not more than 2 years, or a fine of not more than $5,000.00, $25,000.00, or both. A person who commits (c) For a third or subsequent violation of section 12a is guilty of offense, a felony , punishable by imprisonment for not more than 10 5 years, or a fine of not more than $10,000.00, $50,000.00, or both. (2) (3) A person who employs, permits, or suffers a minor to be employed or to work in violation of section 14a is guilty of a felony , punishable by imprisonment for not more than 20 years, or a fine of not more than $20,000.00, or both. (3) If a minor who is the subject of an offense described in subsection (1) is killed or suffers great bodily harm while performing work for the minor's employer, the employer or employer's agent is guilty of a felony punishable as follows: (a) For a first offense, the court may sentence the employer or employer's agent to imprisonment for not more than 5 years and shall impose a fine of not less than $50,000.00 or more than $500,000.00. (b) For a second offense, the court may sentence the employer or employer's agent to imprisonment for not more than 10 years and shall impose a fine of not less than $50,000.00 or more than $500,000.00. (c) For a third or subsequent offense, the court may sentence the employer or employer's agent to imprisonment for not more than 20 years and shall impose a fine of not less than $50,000.00 or more than $500,000.00. (4) The imposition of a fine, penalty, or other sanction under this act does not affect any other right or remedy provided for by law. |
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| 1 | + | SENATE BILL NO. 965 A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending sections 3, 20, 21, and 22 (MCL 409.103, 409.120, 409.121, and 409.122), section 3 as amended by 1997 PA 132 and section 22 as amended by 1980 PA 436. the people of the state of michigan enact: Sec. 3. (1) A minor shall must not be employed in, about, or in connection with an occupation that is hazardous either of the following: (a) Hazardous or injurious to the minor's health or personal well-being. or that is contrary (b) Contrary to standards established under this act, unless a deviation is granted under section 20. (2) The minimum age for employment of minors is 14 years, subject to the following exceptions and limitations: (a) A minor at least 11 years of age and less than 14 years of age may be employed as a youth athletic program referee or umpire for an age bracket younger than his or her the minor's own age if an adult representing who represents the athletic program is on the premises at which the athletic program event is occurring and a person responsible for the athletic program possesses a written acknowledgment of the minor's parent or guardian consenting to the minor's employment as a referee or umpire. (b) A minor 11 years of age or older may be employed as a golf caddy. (c) A minor 13 years of age or older may be employed in farming operations as described in section 4(3). (d) A minor 11 years of age or older may be employed as a bridge caddy at any event sanctioned by the American contract bridge league or other national bridge league association. (e) A minor 13 years of age or older may be employed to perform services which that entail setting traps for formal or informal trap, skeet, and sporting clays shooting events. Sec. 20. (1) The department of labor director shall promulgate rules prescribing that do both of the following: (a) Prescribe standards that are not inconsistent with this act as to regarding the working conditions, safety, health, and personal well-being of minors in various types of employment. (b) Implement this act. (2) Deviations Subject to section 4a(4) and subsection (3), the director shall grant deviations from established standards or from hours by employment shall be granted by the director of labor when if the director determines that it is determined to be in the best interests of the minor and the community. The director shall prescribe procedures for applying and issuing the deviations. Shall be prescribed by the department of labor. (3) The director shall not grant a deviation under subsection (2) if the deviation allows any of the following: (a) A minor to be employed between 12 a.m. and 5 a.m. (b) A minor to be employed in, about, or in connection with an occupation that is hazardous or injurious to the minor's health or personal well-being. Sec. 21. (1) The department of labor director shall enforce this act and assist in the prosecution of this act. The department shall have the authority to director may enter and inspect any place where a minor may be employed and to have access to work permits, age certificates, or other proof of age and time records of the employer, and other records which that may aid in the enforcement of this act. (2) An employer shall not discharge, discipline, retaliate against, or otherwise discriminate against an employee or minor who exercises a right granted under this act on behalf of the employee or minor or another employee or minor. (3) If a person violates this act or a rule promulgated under this act, the director may, after providing notice of and an opportunity for a hearing conducted in the same manner as a contested case under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, impose an administrative fine of not more than $5,000.00 for each violation. The director shall notify the attorney general if a person does not pay an administrative fine under this section. The attorney general shall bring a civil action to recover the administrative fine and costs and fees. An administrative fine collected or recovered under this subsection must be deposited in the general fund. (4) In addition to any other action authorized under this act, the director may bring an action to do 1 or both of the following: (a) Obtain a declaratory judgment that a method, act, or practice is in violation of this act. (b) Obtain an injunction against an employer who is engaging in, or about to engage in, a method, act, or practice that violates this act. (c) Obtain a judgment that requires an employer that violated this act to pay to each minor who was employed in violation of this act an award. If the violation resulted in the minor being unable to continue employment with the employer, the award must be an amount greater than or equal to the minor's hourly wage rate at the time of the violation multiplied by the average number of hours the minor worked during the 4-week period immediately preceding the violation multiplied by 4. Sec. 22. (1) Except as provided in subsection (2) or (3), a person an employer or an agent of an employer who employs a minor in violation of this act, violates this act or a rule promulgated under this act, or obstructs the department of labor director in the enforcement of this act is guilty of a crime punishable as follows: (a) For a first offense, a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $500.00, $5,000.00, or both. (2) A person who employs, permits, or suffers a minor in violation of section 12a is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $2,000.00, or both. A person who commits (b) For a second offense, under section 12a is guilty of a misdemeanor, a felony punishable by imprisonment for not more than 2 years, or a fine of not more than $5,000.00, $25,000.00, or both. A person who commits (c) For a third or subsequent violation of section 12a is guilty of offense, a felony , punishable by imprisonment for not more than 10 5 years, or a fine of not more than $10,000.00, $50,000.00, or both. (2) (3) A person who employs, permits, or suffers a minor to be employed or to work in violation of section 14a is guilty of a felony , punishable by imprisonment for not more than 20 years, or a fine of not more than $20,000.00, or both. (3) If a minor who is the subject of an offense described in subsection (1) is killed or suffers great bodily harm while performing work for the minor's employer, the employer or employer's agent is guilty of a felony punishable as follows: (a) For a first offense, the court may sentence the employer or employer's agent to imprisonment for not more than 5 years and shall impose a fine of not less than $50,000.00 or more than $500,000.00. (b) For a second offense, the court may sentence the employer or employer's agent to imprisonment for not more than 10 years and shall impose a fine of not less than $50,000.00 or more than $500,000.00. (c) For a third or subsequent offense, the court may sentence the employer or employer's agent to imprisonment for not more than 20 years and shall impose a fine of not less than $50,000.00 or more than $500,000.00. (4) The imposition of a fine, penalty, or other sanction under this act does not affect any other right or remedy provided for by law. |
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