Bill Text: MI HB6591 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Labor; fair employment practices; rest periods for certain employees; require under certain circumstances. Creates new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-12-11 - Bill Electronically Reproduced 12/06/2018 [HB6591 Detail]

Download: Michigan-2017-HB6591-Introduced.html

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HOUSE BILL No. 6591

 

 

December 6, 2018, Introduced by Reps. Gay-Dagnogo, Hertel, Hammoud, Lasinski, Geiss, Wittenberg, Greig and Camilleri and referred to the Committee on Commerce and Trade.

 

     A bill to require employers to provide rest periods for

 

certain employees; to prescribe powers and duties of certain state

 

governmental officers and entities; to authorize the promulgation

 

of rules; and to prescribe civil sanctions.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"employee rest period act".

 

     Sec. 3. As used in this act:

 

     (a) "Department" means the department of licensing and

 

regulatory affairs.

 

     (b) "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.

 

     (c) "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.

 

     Sec. 5. (1) Except as provided in subsection (2), an employer

 

shall provide an employee with a rest period of not less than 10

 

consecutive minutes after every 4 consecutive hours that an

 

employee performs labor or services for the benefit of the

 

employer. An employer shall pay an employee wages for a rest period

 

and shall not deduct a rest period from the employee's wages.

 

     (2) This section does not apply to any of the following

 

employees:

 

     (a) An employee whose collective bargaining agreement

 

establishes a rest 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, a hearing must be held. The department shall issue a

 

written determination including the department's findings after the

hearing.

 

     (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, 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.