Bill Text: MI HB4403 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: 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).
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced) 2023-04-13 - Bill Electronically Reproduced 04/12/2023 [HB4403 Detail]
Download: Michigan-2023-HB4403-Introduced.html
HOUSE BILL NO. 4403
A bill to amend 1978 PA 390, entitled
"An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,"
by amending section 15 (MCL 408.485).
the people of the state of michigan enact:
Sec. 15. An employer who, with the intent to defraud, fails to make payment of does not pay the wages and fringe benefits due an employee as provided in this act , is guilty of a misdemeanor, crime punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both.as follows:
(a) Except as otherwise provided in this subdivision, if the wages and fringe benefits have a value of less than $200.00, the employer is guilty of a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $500.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine. If the employer has 1 or more prior convictions under this section, the employer is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $2,000.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine.
(b) Except as otherwise provided in this subdivision, if the wages and fringe benefits have a value of $200.00 or more but less than $1,000.00, the employer is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $2,000.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine. If the employer has 1 or more prior convictions under this section, the employer is guilty of a felony punishable by imprisonment for not more than 5 years, a fine of not more than $10,000.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine.
(c) Except as otherwise provided in this subdivision, if the wages and fringe benefits have a value of $1,000.00 or more but less than $20,000.00, the employer is guilty of a felony punishable by imprisonment for not more than 5 years, a fine of not more than $10,000.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine. If the employer has 2 or more prior convictions under this section, the employer is guilty of a felony punishable by imprisonment for not more than 10 years, a fine of not more than $15,000.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine.
(d) If the wages and fringe benefits have a value of $20,000.00 or more but less than $50,000.00, the employer is guilty of a felony punishable by imprisonment for not more than 10 years, a fine of not more than 3 times the value of the wages and fringe benefits, or both imprisonment and a fine.
(e) If the wages and fringe benefits have a value of $50,000.00 or more but less than $100,000.00, the employer is guilty of a felony punishable by imprisonment for not more than 15 years, a fine of not more than 3 times the value of the wages and fringe benefits, or both imprisonment and a fine.
(f) If the wages and fringe benefits have a value of $100,000.00 or more, the employer is guilty of a felony punishable by imprisonment for not more than 20 years, a fine of not more than 3 times the value of the wages and fringe benefits, or both imprisonment and a fine.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
