March 17, 2005, Introduced by Senators EMERSON, SCHAUER, BRATER, PRUSI, CLARK-COLEMAN, CLARKE, BASHAM, OLSHOVE, JACOBS, LELAND, BERNERO, BARCIA, CHERRY, SWITALSKI, THOMAS and SCOTT and referred to the Committee on Commerce and Labor.
A bill to amend 1964 PA 154, entitled
"Minimum wage law of 1964,"
by amending section 13 (MCL 408.393), as amended by 1997 PA 1.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13. (1) If any employer violates this act, the employee
affected by the violation, at any time within 3 years, may:
(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
such reasonable attorney's fees as may be 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 the procedures and
remedies
as provided in subsection (1)(a). The commissioner may
investigate and file 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 the following
civil fines apply:
(a) An employer who violates a provision of section 4a
governing
an employee's compensatory time , is subject to
responsible for a civil fine of not more than $1,000.00.
(b) An employer who fails to pay the minimum hourly wage in
violation of this act is responsible for a civil fine of not more
than $1,000.00 for each week in which the violation occurs.