HOUSE BILL No. 4492

 

April 21, 2015, Introduced by Reps. Durhal, Sarah Roberts, Derek Miller, Liberati, Darany, Faris, Chang, Pagan, Smiley, Greig, Hovey-Wright, Gay-Dagnogo, Banks, Love, Geiss, Moss, Irwin, Cochran, Townsend, Zemke, Hoadley, Brunner, Brinks, Dillon, LaVoy, Garrett, Wittenberg, Guerra, Driskell and Singh and referred to the Committee on Commerce and Trade.

 

     A bill to amend 2014 PA 138, entitled

 

"Workforce opportunity wage act,"

 

by amending section 9 (MCL 408.419).

 

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 may be 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.