SENATE BILL No. 233

 

 

March 20, 2019, Introduced by Senator ALEXANDER and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 2018 PA 337, entitled

 

"Improved workforce opportunity wage act,"

 

by amending section 4d (MCL 408.934d), as amended by 2018 PA 368,

 

and by adding section 4f.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4d. (1) The minimum hourly wage rate of an employee is

 

38% of the minimum hourly wage rate established in under section 4

 

or 4f, as applicable, if all of the following occur:

 

     (a) The employee receives gratuities in the course of his or

 

her employment.

 

     (b) If the gratuities described in subdivision (a) plus the

 

minimum hourly wage rate under this subsection do not equal or

 

exceed the minimum hourly wage rate otherwise established under

 

section 4 or 4f, as applicable, the employer pays any shortfall to

 

the employee.


     (c) The gratuities are proven gratuities as indicated by the

 

employee's declaration for purposes of the federal insurance

 

contribution act, 26 USC 3101 to 3128.

 

     (d) The employee was informed by the employer of the

 

provisions of this section.

 

     (2) As used in this section, "gratuities" means tips or

 

voluntary monetary contributions received by an employee from a

 

guest, patron, or customer for services rendered to that guest,

 

patron, or customer and that the employee reports to the employer

 

for purposes of the federal insurance contributions act, 26 USC

 

3101 to 3128.

 

     Sec. 4f. The minimum hourly wage rate is $16.00 for an

 

individual who meets both of the following requirements:

 

     (a) The individual has an aggregate of 5 or more years of work

 

experience that is relevant to the individual's employment.

 

     (b) The individual was awarded a high school diploma or a high

 

school equivalency certificate as defined in section 4 of the state

 

school aid act of 1979, 1979 PA 94, MCL 388.1604.