| 1 | 1 | | HOUSE BILL NO. 4320 A bill to amend 2018 PA 337, entitled "Improved workforce opportunity wage act," by amending section 9 (MCL 408.939), as amended by 2025 PA 1. the people of the state of michigan enact: Sec. 9. (1) If an employer violates this act, the employee affected by the violation, at any time within not later than 3 years after the violation, may do any of the following: (a) Bring a civil action for the recovery of the difference between the amount paid and the amount that, but for the violation, would have been paid the employee under this act and an equal additional amount as liquidated damages together with costs and reasonable attorney fees as are allowed by the court. (b) File a claim with the director. who The director or the director's designee shall investigate the claim. (2) If the director or the director's designee determines there is reasonable cause to believe that the employer has violated this act and the director is subsequently unable to obtain voluntary compliance by the employer within a reasonable period of time, the director shall bring a civil action under subsection (1)(a). The director or the director's designee may investigate and the director may file a civil action under subsection (1)(a) on behalf of all employees of that employer who are similarly situated at the same work site and who have not brought a civil action under subsection (1)(a). A contract or agreement between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action. (3) Except as otherwise provided in subsection (4), in addition to bearing liability for civil remedies described in this section, an employer who that fails to pay the minimum hourly wage in violation of this act, or that violates a provision of section 4a governing an employee's compensatory time, is subject to a civil fine of not more than $1,000.00. (4) An employer that fails to pay the minimum hourly wage to an employee as described in section 4d(1) 4d is subject to a civil fine of not more than $2,500.00. (5) If requested by an employee who files a claim against an employer under this section, the director or the director's designee shall, to the extent allowed by law, not disclose to the employer the identity of the employee. |
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| 2 | 2 | | |
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| 3 | 3 | | HOUSE BILL NO. 4320 |
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| 4 | 4 | | |
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| 5 | 5 | | A bill to amend 2018 PA 337, entitled |
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| 6 | 6 | | |
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| 7 | 7 | | "Improved workforce opportunity wage act," |
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| 8 | 8 | | |
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| 9 | 9 | | by amending section 9 (MCL 408.939), as amended by 2025 PA 1. |
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| 10 | 10 | | |
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| 11 | 11 | | the people of the state of michigan enact: |
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| 12 | 12 | | |
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| 13 | 13 | | Sec. 9. (1) If an employer violates this act, the employee affected by the violation, at any time within not later than 3 years after the violation, may do any of the following: |
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| 14 | 14 | | |
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| 15 | 15 | | (a) Bring a civil action for the recovery of the difference between the amount paid and the amount that, but for the violation, would have been paid the employee under this act and an equal additional amount as liquidated damages together with costs and reasonable attorney fees as are allowed by the court. |
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| 16 | 16 | | |
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| 17 | 17 | | (b) File a claim with the director. who The director or the director's designee shall investigate the claim. |
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| 18 | 18 | | |
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| 19 | 19 | | (2) If the director or the director's designee determines there is reasonable cause to believe that the employer has violated this act and the director is subsequently unable to obtain voluntary compliance by the employer within a reasonable period of time, the director shall bring a civil action under subsection (1)(a). The director or the director's designee may investigate and the director may file a civil action under subsection (1)(a) on behalf of all employees of that employer who are similarly situated at the same work site and who have not brought a civil action under subsection (1)(a). A contract or agreement between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action. |
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| 20 | 20 | | |
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| 21 | 21 | | (3) Except as otherwise provided in subsection (4), in addition to bearing liability for civil remedies described in this section, an employer who that fails to pay the minimum hourly wage in violation of this act, or that violates a provision of section 4a governing an employee's compensatory time, is subject to a civil fine of not more than $1,000.00. |
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| 22 | 22 | | |
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| 23 | 23 | | (4) An employer that fails to pay the minimum hourly wage to an employee as described in section 4d(1) 4d is subject to a civil fine of not more than $2,500.00. |
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| 24 | 24 | | |
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| 25 | 25 | | (5) If requested by an employee who files a claim against an employer under this section, the director or the director's designee shall, to the extent allowed by law, not disclose to the employer the identity of the employee. |
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