Bill Text: MI HB5138 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: fair employment practices; meal period for certain employees; require under certain circumstances. Creates new act.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced - Dead) 2021-06-29 - Bill Electronically Reproduced 06/24/2021 [HB5138 Detail]
Download: Michigan-2021-HB5138-Introduced.html
HOUSE BILL NO. 5138
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "employee meal period act".
(a) "Department" means the department of labor and economic opportunity.
(b) "Duty-free meal period" means a period during which an employee is completely relieved of his or her employee duties and is permitted to pursue personal activities.
(c) "Employee" means an individual who is 18 years of age or older and performing labor or services for the benefit of an employer in which the employer may command when, where, and how much labor or services must be performed.
(d) "Employer" means an individual, sole proprietorship, partnership, association, limited liability company, private corporation, or other nongovernmental entity that directly or indirectly employs 1 or more individuals.
(e) "On-duty meal period" means a period during which an employee may consume a meal while performing his or her employee duties.
(f) "Work shift" means the hours an employee is normally scheduled to work within a consecutive 24-hour period.
Sec. 5. (1) Except as provided in subsection (3) and subject to subsection (4), an employer shall provide a duty-free meal period of not less than 30 consecutive minutes each work shift to an employee whose work shift exceeds 5 consecutive hours.
(2) An employer may, but is not required to, pay an employee wages for a duty-free meal period taken by the employee.
(3) When the nature of the business activity or other circumstances exist that render a duty-free meal period impractical, an employer shall provide an on-duty meal period each work shift to an employee whose work shift exceeds 5 consecutive hours. An employer shall pay an employee wages for an on-duty meal period and shall not deduct an on-duty meal period from the employee's wages.
(4) This section does not apply to any of the following employees:
(a) An employee whose collective bargaining agreement establishes a meal period.
(b) An employee who provides emergency medical response services.
(c) An employee who is a manager.
Sec. 7. (1) If an employer violates this act, the employee affected by the violation, at any time within 2 years after the violation or 3 years after the violation if the violation was willful, may file a complaint with the department in a manner as provided by the department. The department shall investigate alleged violations of this act and the rules promulgated under this act. If an investigation indicates that a violation may have occurred, the department must hold a hearing and issue a written determination including the department's findings.
(2) An interested party may appeal a decision made by the department under this act as a contested case pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 9. (1) An employer or any other person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this act.
(2) An employer shall not take retaliatory personnel action or discriminate against an employee because the employee has exercised a right protected under this act.
(3) The protections in this section apply to any person who mistakenly but in good faith alleges a violation of this section.
Sec. 11. (1) An employer shall retain for 5 years at the premises of the employer a true and accurate record documenting the hours worked by an employee.
(2) To monitor compliance with the requirements of this act, an employer shall allow the department access to the records required under subsection (1), with appropriate notice and at a mutually agreeable time.
Sec. 13. An employer shall post and keep posted, in a conspicuous place on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved by the department, that includes excerpts from, or summaries of, the pertinent provisions of this act. If the premises of the employer or other conditions make the posting of this notice impractical, an employer shall make the notice described in this section available to an employee upon request.
Sec. 15. An employer or person that violates this act may be ordered to pay a civil fine of not more than $500.00. A violation of this act may be prosecuted by the prosecutor of the county in which the violation occurred, or by the attorney general.
Sec. 17. The department may promulgate rules to implement this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 19. This act applies to a collective bargaining agreement or employment agreement that is executed, extended, amended, or renewed on or after the effective date of this act.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.
