Bill Text: MI SB0331 | 2019-2020 | 100th Legislature | Introduced

Bill Title: Labor; hours and wages; employment discrimination; prohibit employers from engaging in certain discriminatory practices and allow remedies under Elliott-Larsen civil rights act. Amends secs. 9 & 13 of 2018 PA 337 (MCL 408.939 & 408.943).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-21 - Referred To Committee On Government Operations [SB0331 Detail]

Download: Michigan-2019-SB0331-Introduced.html

















May 21, 2019, Introduced by Senators BRINKS, MOSS, POLEHANKI, ALEXANDER, GEISS, WOJNO, IRWIN, MCMORROW, HERTEL, HOLLIER, MCCANN, BAYER, BULLOCK, SANTANA, ANANICH and CHANG and referred to the Committee on Government Operations.




     A bill to amend 2018 PA 337, entitled


"Improved workforce opportunity wage act,"


by amending sections 9 and 13 (MCL 408.939 and 408.943).




     Sec. 9. (1) If an employer violates this act, the employee


affected by the violation, at any time within 3 years, may do any


of the following:


     (a) Bring a civil action for the recovery of the difference


between the amount paid and the amount that, but for the violation,


would have been paid the employee under this act and an equal


additional amount as liquidated damages together with costs and


reasonable attorney fees as are allowed by the court.


     (b) File a claim with the commissioner who shall investigate


the claim.


     (2) If the commissioner determines there is reasonable cause


to believe that the employer has violated this act and the


commissioner is subsequently unable to obtain voluntary compliance


by the employer within a reasonable period of time, the


commissioner shall bring a civil action under subsection (1)(a).


The commissioner may investigate and file bring a civil action


under subsection (1)(a) on behalf of all employees of that employer


who are similarly situated at the same work site and who have not


brought a civil action under subsection (1)(a). A contract or


agreement between the employer and the employee or any acceptance


of a lesser wage by the employee is not a bar to the action.


     (3) In addition to bearing liability for civil remedies


described in this section, an employer who fails to pay the minimum


hourly wage in violation of this act, or who violates a provision


of section 4a governing an employee's compensatory time, is subject


to a civil fine of not more than $1,000.00.


     (4) An employer who violates section 13 is subject to an


action to enforce rights and remedies under the Elliott-Larsen


civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804, in addition


to any other liability for civil remedies and fines under this




     Sec. 13. (1) An employer having employees subject to this act


shall not discriminate between employees within an establishment on


the basis of religion, race, color, national origin, age, sex,


height, weight, or marital status by paying wages to employees in

the establishment at a rate less than the rate at which the


employer pays wages to employees of the opposite an employee of


another religion, race, color, national origin, age, sex, height,


weight, or marital status for equal work on jobs, the performance


of which requires equal equivalent skill, effort, and


responsibility and that is performed under similar comparable


working conditions, except if the payment is made under 1 or more


of the following:


     (a) A seniority system.


     (b) A merit system.


     (c) A system that measures earnings by quantity or quality of




     (d) A differential based on a factor other than bona fide,


job-related factor, such as job-related education, training,


experience, or market conditions, and not on religion, race, color,


national origin, age, sex, height, weight, or marital status.


     (2) An employer that is paying a wage differential in


violation of this section shall not reduce the wage rate of an


employee to comply with this section.


     (3) For purposes of administration and enforcement, any amount


owing to an employee that has been withheld in violation of this


section is considered unpaid minimum wages under this act.


     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.