Bill Text: MI HB4586 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: hours and wages; employment discrimination; prohibit employers from engaging in certain discriminatory practices and allow remedies under Elliott-Larsen civil rights act. Amends secs. 9 & 3 of 2018 PA 337 (MCL 408.939 & 408.943).
Spectrum: Partisan Bill (Democrat 38-0)
Status: (Introduced - Dead) 2021-03-25 - Bill Electronically Reproduced 03/24/2021 [HB4586 Detail]
Download: Michigan-2021-HB4586-Introduced.html
HOUSE BILL NO. 4586
A bill to amend 2018 PA 337, entitled
"Improved workforce opportunity wage act,"
by amending sections 9 and 13 (MCL 408.939 and 408.943).
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 3 years, 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 commissioner who shall investigate the claim.
(2) If the commissioner determines there is reasonable cause to believe that the employer has violated this act and the commissioner is subsequently unable to obtain voluntary compliance by the employer within a reasonable period of time, the commissioner shall bring a civil action under subsection (1)(a). The commissioner may investigate and file bring 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) In addition to bearing liability for civil remedies described in this section, an employer who fails to pay the minimum hourly wage in violation of this act, or who 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 who violates section 13 is subject to an action to enforce rights and remedies under the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804, in addition to any other liability for civil remedies and fines under this section.
Sec. 13. (1) An employer having employees subject to this act shall not discriminate between employees within an establishment on the basis of religion, race, color, national origin, age, sex, height, weight, or marital status by paying wages to employees in the establishment at a rate less than the rate at which the employer pays wages to employees of the opposite of another religion, race, color, national origin, age, sex, height, weight, or marital status for equal work on jobs, the performance of which requires equal equivalent skill, effort, and responsibility and that is performed under similar comparable working conditions, except if the payment is made under 1 or more of the following:
(a) A seniority system.
(b) A merit system.
(c) A system that measures earnings by quantity or quality of production.
(d) A differential based on a factor other than bona fide, job-related factor, such as job-related education, training, experience, or market conditions, and not on religion, race, color, national origin, age, sex, height, weight, or marital status.
(2) An employer that is paying a wage differential in violation of this section shall not reduce the wage rate of an employee to comply with this section.
(3) For purposes of administration and enforcement, any amount owing to an employee that has been withheld in violation of this section is considered unpaid minimum wages under this act.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
