Bill Text: MI HB5072 | 2015-2016 | 98th Legislature | Chaptered

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Bill Title: Labor; hours and wages; franchisor responsibility for minimum wage violations; clarify. Amends sec. 2 of 2014 PA 138 (MCL 408.412).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-02-24 - Assigned Pa 19'16 With Immediate Effect [HB5072 Detail]

Download: Michigan-2015-HB5072-Chaptered.html

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Act No. 19

Public Acts of 2016

Approved by the Governor

February 23, 2016

Filed with the Secretary of State

February 23, 2016

EFFECTIVE DATE: May 23, 2016

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2016

Introduced by Rep. Jenkins

ENROLLED HOUSE BILL No. 5072

AN ACT to amend 2014 PA 138, entitled “An act to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for a wage deviation board; to provide for the administration and enforcement of this act; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 2 (MCL 408.412).

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.

(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.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor