HOUSE BILL No. 4177


     January 30, 1997, Introduced by Reps. Emerson, Freeman, Mans, Varga, Bogardus, DeHart, Callahan, Goschka, Anthony, Brown, Cherry, Mathieu, Ciaramitaro, Prusi, Martinez, Gubow, Price, Brewer, Hanley and Agee and referred to the Committee on Labor and Occupational Safety.


        A bill to amend 1964 PA 154, entitled

   "Minimum wage law of 1964,"

   by amending sections 2, 4, and 7 (MCL 408.382, 408.384, and

   408.387), section 2 as amended by 1980 PA 97, and by adding

   section 4b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2.  As used in this act:

 2         (a) "Commissioner" means the director of  labor  THE DEPART-

 3    MENT OF CONSUMER AND INDUSTRY SERVICES.

 4         (b) "Employee" means an individual not less than  18  14

 5    years of age employed by an employer on the premises of the

 6    employer or at a fixed site designated by the employer,  or  AND

 7    INCLUDES a minor employed under section 15(1) of  Act No. 90 of

 8     the Public Acts of 1978, being section 409.115 of the Michigan

 9     Compiled Laws.  Employee includes, but is not limited to, an


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 1    individual employed to provide the practice of massage as defined

 2     in section 2 of Act No.  251 of the Public Acts of 1974, as

 3     amended, being section 388.1852 of the Michigan Compiled Laws. 

 4    THE YOUTH EMPLOYMENT STANDARDS ACT, 1978 PA 90, MCL 409.115.

 5         (c) "Employer" means a person, firm, or corporation, includ-

 6    ing the state and its political subdivisions, agencies, and

 7    instrumentalities, and a person acting in the interest of the

 8    employer, who employs 2 or more employees at any 1 time within a

 9    calendar year.  An employer shall be subject to this act during

10    the remainder of that calendar year.

11         (d) "Employ" means to engage, suffer, or permit to work.

12         Sec. 4.  (1) The  SUBJECT TO THE EXCEPTIONS SPECIFIED IN

13    THIS ACT, THE minimum hourly WAGE rate shall be:

14         (a) Beginning January 1,  1977, $2.30  1981, $3.35.

15          (b) Beginning January 1, 1978, $2.65. 

16         (B)  (c)  Beginning  January 1, 1979, $2.90  THE EFFECTIVE

17    DATE OF THE AMENDATORY ACT THAT ADDED SECTION 4B, $4.75, UNLESS

18    THAT EFFECTIVE DATE IS ON OR AFTER THE DATE DESCRIBED IN SUBDIVI-

19    SION (C).

20         (C)  (d)  Beginning  January 1, 1980, $3.10  SEPTEMBER 1,

21    1997, $5.15.

22          (e)  Beginning January 1, 1981, $3.35. 

23          (2) The increases or decreases in the minimum hourly rate,

24     established in this act after 1967, shall reflect corresponding

25     increases or decreases in the cost of living. 

26         SEC. 4B.  (1) AN EMPLOYER MAY PAY A NEW EMPLOYEE WHO IS LESS

27    THAN 20 YEARS OF AGE A TRAINING HOURLY WAGE OF $4.25 FOR THE



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 1    FIRST 90 DAYS OF THAT EMPLOYEE'S EMPLOYMENT.  THE HOURLY WAGE

 2    AUTHORIZED UNDER THIS SECTION IS IN LIEU OF THE MINIMUM HOURLY

 3    WAGE OTHERWISE PRESCRIBED BY THIS ACT.

 4         (2) AN EMPLOYER SHALL NOT DISPLACE AN EMPLOYEE TO HIRE AN

 5    INDIVIDUAL AT THE HOURLY WAGE AUTHORIZED UNDER SUBSECTION (1).

 6    AS USED IN THIS SUBSECTION, "DISPLACE" INCLUDES TERMINATION OF

 7    EMPLOYMENT OR ANY REDUCTION OF HOURS, WAGES, OR EMPLOYMENT

 8