HOUSE BILL NO. 4403

April 12, 2023, Introduced by Reps. Snyder, Farhat, Breen, Hood, Brabec, Morse, Price, Weiss, Brenda Carter, Tsernoglou, Hope, Andrews, Haadsma and Scott and referred to the Committee on Labor.

"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 15 (MCL 408.485).

the people of the state of michigan enact:

Sec. 15. An employer who, with the intent to defraud, fails to make payment of does not pay the wages and fringe benefits due an employee as provided in this act , is guilty of a misdemeanor, crime punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both.as follows:

(a) Except as otherwise provided in this subdivision, if the wages and fringe benefits have a value of less than $200.00, the employer is guilty of a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $500.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine. If the employer has 1 or more prior convictions under this section, the employer is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $2,000.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine.

(b) Except as otherwise provided in this subdivision, if the wages and fringe benefits have a value of $200.00 or more but less than $1,000.00, the employer is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $2,000.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine. If the employer has 1 or more prior convictions under this section, the employer is guilty of a felony punishable by imprisonment for not more than 5 years, a fine of not more than $10,000.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine.

(c) Except as otherwise provided in this subdivision, if the wages and fringe benefits have a value of $1,000.00 or more but less than $20,000.00, the employer is guilty of a felony punishable by imprisonment for not more than 5 years, a fine of not more than $10,000.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine. If the employer has 2 or more prior convictions under this section, the employer is guilty of a felony punishable by imprisonment for not more than 10 years, a fine of not more than $15,000.00 or 3 times the value of the wages and fringe benefits, whichever is greater, or both imprisonment and a fine.

(d) If the wages and fringe benefits have a value of $20,000.00 or more but less than $50,000.00, the employer is guilty of a felony punishable by imprisonment for not more than 10 years, a fine of not more than 3 times the value of the wages and fringe benefits, or both imprisonment and a fine.

(e) If the wages and fringe benefits have a value of $50,000.00 or more but less than $100,000.00, the employer is guilty of a felony punishable by imprisonment for not more than 15 years, a fine of not more than 3 times the value of the wages and fringe benefits, or both imprisonment and a fine.

(f) If the wages and fringe benefits have a value of $100,000.00 or more, the employer is guilty of a felony punishable by imprisonment for not more than 20 years, a fine of not more than 3 times the value of the wages and fringe benefits, or both imprisonment and a fine.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.