Bill Text: MI HB4467 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Labor; fair employment practices; worker freedom act; create. Creates new act.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2009-06-25 - Referred To Committee On Commerce And Tourism [HB4467 Detail]

Download: Michigan-2009-HB4467-Engrossed.html

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HB-4467, As Passed House, June 24, 2009

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4467

 

February 25, 2009, Introduced by Reps. Meadows, Bledsoe, Miller, Smith, Bauer and Lindberg and referred to the Committee on Labor.

 

     A bill to establish the right of employees to pursue

 

employment free from religious and political indoctrination; to

 

limit employment actions based on attendance at, or receptivity to,

 

employer-selected political or religious programs or

 

communications; to prohibit retaliation for reporting or pursuing a

 

remedy for a suspected violation of the act; and to provide

 

sanctions and remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"worker freedom act".

 

     Sec. 3. As used in this act:

 

     (a) "Employee" means an individual engaged in service to an

 

employer in the business of the employer and includes research

 

assistants, research fellows, teaching assistants, teaching

 

fellows, postdoctoral associates, postdoctoral fellows, and medical

 

interns and residents.

 

     (b) "Employer" means an individual or entity engaged in

 

business that has employees and includes this state and a political

 

subdivision of this state.

 

     (c) "Labor organization" means an organization that exists for

 

the purpose, in whole or in part, of collective bargaining; dealing

 

with employers concerning grievances or terms or conditions of

 

employment; or mutual aid or protection in connection with

 

employment.

 

     (d) "Political matters" includes political party affiliation

 

or the decision to join or not join any lawful political, social,

 

or community group or activity or any labor organization.

 

     Sec. 5. Except as necessary to comply with another law or as

 

provided in section 13, an employer or an employer's agent,

 

representative, or designee shall not require its employee to

 

attend an employer-sponsored meeting or participate in any

 

communication with the employer or its agent or representative if

 

the primary purpose is to communicate the employer's opinion about

 

religious or political matters.

 

     Sec. 7. (1) An employer or an employer's agent,

 

representative, or designee shall not discharge, discipline, or

 

otherwise penalize, or threaten to discharge, discipline, or

 

otherwise penalize, an employee because the employee or a person

 

acting on behalf of the employee does any of the following:

 

     (a) Makes a written or oral good faith report of a violation

 

or a suspected violation of this act.

 

     (b) Brings an action to enforce this act.

 

     (c) Cooperates in an investigation or proceeding for

 

enforcement of this act.

 

     (2) The prohibition in this section does not apply if the

 

employee knows that the report or the information on which the

 

action or investigation is based is false.

 

     Sec. 9. An aggrieved employee may bring a civil action to

 

enforce the provisions of this act. The action shall be brought not

 

more than 1 year after the date of the last alleged violation. The

 

court shall award damages and equitable relief, which may include

 

reinstatement, to fully compensate the employee. The court shall

 

award a prevailing employee reasonable attorney fees and costs and

 

may award up to 3 times actual damages as exemplary damages.

 

     Sec. 11. This act provides an alternative cause of action to

 

any remedy that may exist under other law. It does not limit an

 

employee's right to bring a common law cause of action for wrongful

 

termination or diminish or impair rights under a collective

 

bargaining agreement.

 

     Sec. 13. The prohibitions in this act do not apply to either

 

of the following:

 

     (a) Meetings or communications of a religious, political, or

 

labor organization that are directed to its employees.

 

     (b) Lectures or classes required of student instructors that

 

cover matters that are part of the regular coursework at an

 

educational institution.