Bill Text: MI HB4878 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Labor; hours and wages; workforce opportunity wage act; exempt certain interns. Amends sec. 2 of 2014 PA 138 (MCL 408.412).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-09-06 - Bill Electronically Reproduced 08/16/2017 [HB4878 Detail]
Download: Michigan-2017-HB4878-Introduced.html
HOUSE BILL No. 4878
August 16, 2017, Introduced by Reps. Hammoud, Gay-Dagnogo, Wittenberg, Yanez and Rabhi and referred to the Committee on Commerce and Trade.
A bill to amend 2014 PA 138, entitled
"Workforce opportunity wage act,"
by amending section 2 (MCL 408.412), as amended by 2016 PA 19.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Commissioner" means the director of the department of
licensing and regulatory affairs.
(b) "Employ" means to engage, suffer, or permit to work.
(c) "Employee" means an individual not less than 16 years of
age employed by an employer on the premises of the employer or at a
fixed site designated by the employer, and includes a minor
employed subject to section 15(1) of the youth employment standards
act, 1978 PA 90, MCL 409.115. Employee does not include an
individual who serves in an internship with an employer in the
private sector if the internship meets all of the following
conditions:
(i) Even though it might include actual operation of the
facilities of the employer, it is similar to training that would be
given in an educational environment.
(ii) It is for the benefit of the intern.
(iii) The intern does not displace regular employees, but
works under close supervision of existing staff.
(iv) The employer that provides the training derives no
immediate advantage from the activities of the intern.
(v) The intern is not necessarily entitled to a job at the
conclusion of the internship.
(vi) The employer and the intern understand that the intern is
not entitled to wages for the time spent in the internship.
(vii) The intern works for the employer 30 or fewer hours each
week.
(d) "Employer" means a person, firm, or corporation, including
this state and its political subdivisions, agencies, and
instrumentalities, and a person acting in the interest of the
employer, who employs 2 or more employees at any 1 time within a
calendar year. An employer is subject to this act during the
remainder of that calendar year. Except as specifically provided in
the franchise agreement, as between a franchisee and franchisor,
the franchisee is considered the sole employer of workers for whom
the franchisee provides a benefit plan or pays wages.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
