February 8, 2018, Introduced by Reps. Santana, Chirkun, Cochran, Love, Pagan, Camilleri, Byrd, Durhal, Ellison, Elder, Hammoud, Sowerby, Clemente, Lucido, Dianda, Peterson, Inman, Howrylak, Singh, Wittenberg, Chang, Geiss and Yaroch and referred to the Committee on Michigan Competitiveness.
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 8 (MCL 408.478).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
8. (1) An Except as
otherwise provided in this
subsection, an employer, agent or representative of an employer, or
other person having authority from the employer to hire, employ, or
direct the services of other persons in the employment of the
employer shall not demand or receive, directly or indirectly from
an employee, a fee, gift, tip, gratuity, or other remuneration or
consideration, as a condition of employment or continuation of
employment.
This subsection does not apply to fees either of the
following:
(a) Fees collected by an employment agency licensed under the
laws of this state.
(b) Subject to subsection (3), the following remuneration or
consideration collected by a law enforcement agency under a signed
loan forgiveness agreement entered into on or after the effective
date of the amendatory act that added this subdivision:
(i) If the employee voluntarily leaves employment with the law
enforcement agency within 1 year after the date the employee's law
enforcement training academy ended, 100% of the cost of the law
enforcement training academy.
(ii) If the employee voluntarily leaves employment with the
law enforcement agency more than 1 year but less than 2 years after
the date the employee's law enforcement training academy ended, 75%
of the cost of the law enforcement training academy.
(iii) If the employee voluntarily leaves employment with the
law enforcement agency 2 years or more but less than 3 years after
the date the employee's law enforcement training academy ended, 50%
of the cost of the law enforcement training academy.
(iv) If the employee voluntarily leaves employment with the
law enforcement agency 3 years or more but less than 4 years after
the date the employee's law enforcement training academy ended, 25%
of the cost of the law enforcement training academy.
(v) If the employee voluntarily leaves employment with the law
enforcement agency 4 years or more but less than 5 years after the
date the employee's law enforcement training academy ended, 10% of
the cost of the law enforcement training academy.
(2) Except for a contribution required or expressly permitted
by law or by a collective bargaining agreement, an employer shall
not require an employee or a person seeking employment to
contribute directly or indirectly to a charitable, social, or
beneficial purpose as a condition of employment or continuation of
employment.
(3) A loan forgiveness agreement under subsection (1)(b) must
contain the following terms:
(a) That the employer will pay the cost of a law enforcement
training academy required for that employee to obtain a license
under the Michigan commission on law enforcement standards act,
1965 PA 203, MCL 28.601 to 28.615.
(b) The conditions under which the payment under subdivision
(a) will be provided and under which repayment to the employer by
the employee or another person may be required.
(4) As used in this section:
(a) "Law enforcement agency" means that term as defined in
section 2 of the Michigan commission on law enforcement standards
act, 1965 PA 203, MCL 28.602.
(b) "Law enforcement training academy" means that term as
defined in section 2 of the Michigan commission on law enforcement
standards act, 1965 PA 203, MCL 28.602.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.