HB-6213, As Passed Senate, August 30, 2006
June 15, 2006, Introduced by Reps. Huizenga, Condino, Dillon, Farrah, Kolb, Clemente, Sak, Wenke, Accavitti, Schuitmaker, Booher, Hansen, Sheen, Drolet, Hildenbrand, Robertson, Emmons, Proos, Pearce, Steil, Green, Jones, Walker, Newell, Gosselin, Amos, Van Regenmorter, Gaffney, Hune, Stakoe, Stewart, Vander Veen, Elsenheimer, Ward, Hummel, Palsrok, Hoogendyk, Shaffer, Palmer, McConico, Hunter, Kooiman, Pastor, Moolenaar, Stahl, Caswell, Garfield, LaJoy, Marleau, Acciavatti, Brandenburg and Taub and referred to the Committee on Commerce.
A bill to amend 1964 PA 154, entitled
"Minimum wage law of 1964,"
by amending section 14 (MCL 408.394), as amended by 1998 PA 37.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) This act does not apply to an employer who is
subject to the minimum wage provisions of the fair labor standards
act
of 1938, chapter 676, 52 Stat. 1060, 29 U.S.C. 29 USC 201
to
216
and 217 to 219, unless
application of those
federal minimum
wage provisions would result in a lower minimum hourly wage than
provided
in this act. Additionally, this Each of the following
applies to an employer who is subject to this act only by
application of this subsection:
(a) Section 4a does not apply.
House Bill No. 6213 as amended August 30, 2006 (1 of 2)
(b) This act does not apply to an employee who is exempt from
the minimum wage requirements of the fair labor standards act of
1938, 29 USC 201 to 219.
<<(2) Notwithstanding subsection (1), an employee shall be paid in accordance with the minimum wage and overtime compensation requirements of sections 4 and 4a if the employee meets either of the following conditions:
(a) Is employed in domestic service employment to provide companionship services as defined in 29 CFR 552.6 for individuals who, because of age or infirmity, are unable to care for themselves and is not a live-in domestic service employee as described in 29 CFR 552.102.
(b) Is employed to provide child care, but is not a live-in domestic service employee as described in 29 cfr 552.102. However, the requirements of sections 4 and 4a do not apply if the employee meets all of the following conditions:
(i) Is under the age of 18.
(ii) Provides services on a casual basis as described in 29 CFR 552.5.
(iii) Provides services that do not regularly exceed 20 hours per week, in the aggregate.>>
<<(3)>> This act does not apply to persons employed in summer
camps
for not more than 4 months , or
to employees with
disabilities who are covered by a blanket deviation
certificate or
other
special certificate issued under section 14(c) 14 of
the
fair
labor standards act of 1938, chapter 676, 52 Stat. 1068, 29
U.S.C.
29 USC 214. , or to
<<(4)>> This act does not apply to agricultural fruit growers,
pickle growers and tomato growers, or other agricultural employers
who traditionally contract for harvesting on a piecework basis, as
to
those employees of such employers used
for such harvesting,
until
the board shall have has acquired sufficient
data to
determine
an adequate basis for the establishment of to establish
a
scale of piecework and shall determine such determines a scale
equivalent
to the prevailing minimum wage for
such that
employment. ,
which determination shall occur no later than May 1,
1967.
Such The piece rate scale shall be equivalent to the minimum
hourly
wage in that, when if
the payment by unit of production is
applied to a worker of average ability and diligence in harvesting
House Bill No. 6213 as amended August 30, 2006
a
particular commodity, he or she
shall receive receives an
amount not less than the hourly minimum wage.
<<(5) Notwithstanding any other provision of this act, subsection (1)(a) and (b) and subsection (2) do not deprive an employee or any class of employees of any right that existed on September 30, 2006 to receive overtime compensation or to be paid the minimum wage.>>
Enacting section 1. This amendatory act takes effect October
1, 2006.
<<Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:
(a) Senate Bill No. 453.
(b) Senate Bill No. 1364.>>