Bill Text: MI HB5328 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Labor; hours and wages; employers who flagrantly and repeatedly violate act regarding the payment of wages and fringe benefits; increase penalty. Amends sec. 18 of 1978 PA 390 (MCL 408.488).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-12-12 - Bill Electronically Reproduced 12/06/2017 [HB5328 Detail]
Download: Michigan-2017-HB5328-Introduced.html
HOUSE BILL No. 5328
December 6, 2017, Introduced by Reps. Green, Elder, Sabo, Durhal, Brinks, Greimel, Faris, Singh, Sowerby, Love, Hertel, Lasinski, Geiss, Wittenberg, Zemke, Schor, Rabhi, Pagan, Chirkun, Phelps, Cochran, Yancey and Chang and referred to the Committee on Commerce and Trade.
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 18 (MCL 408.488).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18. (1) The department shall order an employer who
violates section 2, 3, 4, 5, 6, 7, or 8 to pay the following:
(a) Wages due to the employee.
(b)
Fringe benefits due to or on the behalf of the employee in
accordance
with the terms set forth in pursuant
to the written
contract or written policy.
(c)
A penalty at the rate of 10% 100%
annually on the wages
and fringe benefits due to the employee, beginning at the time the
employer is notified that a complaint has been filed and ending
when payment is made.
(2) The department may order an employer who violates section
2, 3, 4, 5, 6, 7, or 8 to pay to the employee exemplary damages of
not
more than twice 3 times the amount of the wages and fringe
benefits
which that were due
to the employee, if the violation is
flagrant or repeated.
(3) The department may order an employer who violates section
2, 3, 4, 5, 6, 7, or 8 to pay attorney costs, hearing costs, and
transcript costs.
(4)
The department may assess a civil penalty fine of not more
than
$1,000.00 $10,000.00 against an employer who violates this
act. ,
which The civil penalty shall fine must be credited to the
general fund of this state.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
