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 proposed changes in HB4317 would have a substantial impact on the enforcement of labor laws in Michigan. By creating a system of penalties that includes comprehensive measures—such as awarding exemplary damages that may double or triple the owed amounts for flagrant violations—this bill strengthens employee protections. The increased fines up to $10,000 reflect a clear attempt to deter violations and ensure that employees are treated fairly, thus potentially reducing the incidence of wage theft across the state.
Summary
House Bill 4317 amends the 1978 Public Act 390, which governs the payment of wages and fringe benefits to employees in Michigan. The bill primarily seeks to enhance penalties for employers who fail to comply with the established wage payment regulations. Specifically, it introduces stricter measures that mandate employers to pay not only the owed wages and fringe benefits but also imposes significant penalties for violations based on a percentage of the owed amounts. This increase in accountability for employers aims to ensure timely and fair compensation for employees.
Contention
While the bill is positioned as a pro-employee measure, there is potential for contention among stakeholders, particularly employers who might argue that the increased penalties are excessively punitive. Business groups may express concerns over the financial impact of heightened penalties on small businesses. Additionally, questions regarding the enforcement capabilities of the Department of Labor may arise, as well as debates over whether the proposed sanctions provide the right balance between protecting workers and allowing businesses to operate effectively.
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).
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: hours and wages; penalties and remedies for misclassification of independent contractors; provide for. Amends secs. 1, 13, 15, 18 & 19 of 1978 PA 390 (MCL 408.471 et seq.) & adds secs. 13c & 13d.
Labor: fair employment practices; penalty for wage and fringe benefit payment violations with the intent to defraud; increase. Amends sec. 15 of 1978 PA 390 (MCL 408.485).
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: 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; deductions from wages without written consent of employee; revise notice period for certain deductions related to garnishment. Amends sec. 7 of 1978 PA 390 (MCL 408.477).
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).