HOUSE BILL NO. 4394

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 11 (MCL 408.481).

the people of the state of michigan enact:

Sec. 11. (1) An employee who believes that his or her the employee's employer has violated this act may file a written complaint with the department within not later than 12 months after the alleged violation. A complaint filed under section 13(2) shall must be filed within not later than 30 days after the alleged violation. occurs. Bilingual The department shall provide bilingual complaint forms shall be provided by the department in those areas where substantial numbers of non-English speaking non-English-speaking employees are employed.

(2) Within Not later than a reasonable amount of time after a complaint is filed, the department shall notify the employer, and investigate the claim, and shall attempt to informally resolve the dispute.

(3) If the department is unable to informally resolve the dispute, the department shall notify the employer and employee within not later than 90 days after the complaint is filed. The notification shall must include a determination of the merits of the complaint and shall cite the specific violation, if any, wages and fringe benefits due, and specific penalties assessed.

(4) The employer or employee may request a review of the department's determination within not later than 14 days after the department issues notification of its determination. is issued. If the department does not receive a request for a review by either the employer or employee is not received by the department within 14 days, that 14-day period, in the absence of a showing of good cause for a late request, the department's determination is final.

(5) For the purpose of an investigation or proceeding under this act, the director of labor the department or an authorized representative of the director director's designee may administer oaths and affirmations, subpoena witnesses , and compel their attendance, take evidence, and require the production of records or other documents which that the department considers relevant or material to the inquiry.

(6) The employee, the employer, and the department shall must be parties to a proceeding before a hearings officer brought pursuant to under this section.

(7) The director shall appoint hearings officers to make determinations in proceedings brought pursuant to under this section. All proceedings in a hearing shall must be conducted pursuant to the procedures applicable to the trial of as contested cases under Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws. the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The hearings officer shall affirm, modify, or rescind the order of the department and may assess costs as provided in section 18(3).

(8) The hearings officer shall issue a determination, which constitutes is a final disposition of the proceedings, to each party within not later than 30 days after the conclusion of the hearing. The determination of the hearings officer shall become becomes the final agency department order upon receipt by the parties.

(9) A party to the proceeding may obtain judicial review of the determination of the hearings officer officer's determination pursuant to Act No. 306 of the Public Acts of 1969, as amended. in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Venue for an appeal under this act shall is proper only be in the circuit where the employee is a resident, where the employment occurred, or where the employer has a principal place of business.

(10) If requested by an employee who files a complaint against an employer under this section, the department shall, to the extent allowed by law, not disclose to the employer the identity of the employee.