Bill Text: MI HB4972 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Labor: fair employment practices; agreements that prohibit employees from disclosing certain information about violations of the Elliott-Larsen civil rights act; prohibit employers from entering into unless certain conditions are met. Amends 1976 PA 453 (MCL 37.2101 - 37.2804) by adding sec. 202b.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2023-09-14 - Bill Electronically Reproduced 09/13/2023 [HB4972 Detail]
Download: Michigan-2023-HB4972-Introduced.html
HOUSE BILL NO. 4972
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
(MCL 37.2101 to 37.2804) by adding section 202b.
the people of the state of michigan enact:
Sec. 202b. (1) Subject to subsection (2), an employer shall not enter into an agreement with an employee or former employee if the agreement prohibits the employee or former employee from disclosing either of the following:
(a) A violation or suspected violation of this article.
(b) Facts regarding a violation or suspected violation of this article.
(2) Subsection (1) does not prohibit an employer from entering into an agreement described in subsection (1) if all of the following conditions are met:
(a) The employer notifies the employee or former employee, in writing, of both of the following:
(i) The prohibition in subsection (1).
(ii) That the employee or former employee may retain, and has 5 business days to retain, an attorney before entering into the agreement.
(b) If the employee or former employee is not represented by an attorney, the employer gives the employee or former employee at least 5 business days, beginning on the date the employer provides the notice required under subdivision (a), to retain an attorney before entering into the agreement.
(c) The agreement releases the employee's or former employee's claim regarding a violation of this article.
(d) The agreement is otherwise enforceable.
(3) An agreement entered into in violation of this section is void.
(4) This section applies to an agreement entered into, amended, extended, or renewed on or after the effective date of the amendatory act that added this section.
