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

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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

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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.