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 16-0)
Status: (Introduced - Dead) 2019-05-21 - Referred To Committee On Government Operations [SB0331 Detail]
Download: Michigan-2019-SB0331-Introduced.html
SENATE BILL No. 331
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).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
section.
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
production.
(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.