Bill Text: MI SB0718 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Labor; hours and wages; employers who flagrantly and repeatedly violate act regarding the payment of wages and fringe benefits; increase penalty. Amends sec. 18 of 1978 PA 390 (MCL 408.488).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-12-12 - Referred To Committee On Government Operations [SB0718 Detail]

Download: Michigan-2017-SB0718-Introduced.html

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SENATE BILL No. 718

 

 

December 12, 2017, Introduced by Senators ANANICH, HOPGOOD, BIEDA and WARREN and referred to the Committee on Government Operations.

 

 

     A bill to amend 1978 PA 390, entitled

 

"An act to regulate the time and manner of payment of wages and

fringe benefits to employees; to prescribe rights and

responsibilities of employers and employees, and the powers and

duties of the department of labor; to require keeping of records;

to provide for settlement of disputes regarding wages and fringe

benefits; to prohibit certain practices by employers; to prescribe

penalties and remedies; and to repeal certain acts and parts of

acts,"

 

by amending section 18 (MCL 408.488).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 18. (1) The department shall order an employer who

 

violates section 2, 3, 4, 5, 6, 7, or 8 to pay the following:

 

     (a) Wages due to the employee.

 

     (b) Fringe benefits due to or on the behalf of the employee in

 

accordance with the terms set forth in pursuant to the written

 

contract or written policy.

 

     (c) A penalty at the rate of 10% 100% annually on the wages

 

and fringe benefits due to the employee, beginning at the time the

 

employer is notified that a complaint has been filed and ending

 

when payment is made.

 

     (2) The department may order an employer who violates section

 

2, 3, 4, 5, 6, 7, or 8 to pay to the employee exemplary damages of

 

not more than twice 3 times the amount of the wages and fringe

 

benefits which that were due to the employee, if the violation is

 

flagrant or repeated.

 

     (3) The department may order an employer who violates section

 

2, 3, 4, 5, 6, 7, or 8 to pay attorney costs, hearing costs, and

 

transcript costs.

 

     (4) The department may assess a civil penalty fine of not more

 

than $1,000.00 $10,000.00 against an employer who violates this

 

act. , which The civil penalty shall fine must be credited to the

 

general fund of this state.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.