February 3, 2005, Introduced by Reps. Gonzales, Bieda, Farrah, Vagnozzi, Gleason, Condino, Clack, Murphy and Brown and referred to the Committee on Employment Relations, Training, and Safety.
A bill to amend 1936 (Ex Sess) PA 1, entitled
"Michigan employment security act,"
by amending section 41 (MCL 421.41).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41. "Employer" means any of the following:
(1)
Beginning January 1, 1969, an An employing unit (i)
which
that in each of 20 different
calendar weeks within a
calendar year, whether or not the weeks were consecutive, has or
had in employment 1 or more individuals irrespective of whether the
same
individual was employed in each week, or (ii) by which
total
remuneration of $1,000.00 or more for employment was paid or
payable within the calendar year.
(2)
(a) Any An individual, legal entity, or employing unit
which
acquired the organization, trade, or business, or 75% or more
of
the that acquires components of a business as a successor in
either of the following circumstances:
(a) As a transferee of 10% or more of the employees, payroll,
trade,
inventory, services, or other assets thereof,
of another
which
of a transferor that, at the
time of the acquisition, was an
employer subject to this act.
(b)
Any individual, legal entity, or employing unit described
as
As a transferee of a transfer of business as described in
section 22(c).
(3)
Any employing unit which having that has become an
employer
under subdivisions subdivision (1), (2), (4), (5), (6),
(7), or (9) but has not, under sections 24 and 25, ceased to be an
employer subject to this act.
(4)
For the effective period of its election pursuant to
under
section 25, any other employing unit which
that has elected
to become fully subject to this act.
(5)
(a) Beginning January 1, 1978, an An employing unit
which
that for some portion of a
day in each of 20 different
calendar weeks, whether or not the weeks were consecutive, in
either the current or the preceding calendar year, employed 10 or
more individuals performing agricultural service, regardless of
whether the individuals were employed at the same moment of time,
or
which that, during any calendar quarter in either the current
or the preceding calendar year, paid remuneration in cash of
$20,000.00 or more to employees performing agricultural service.
(b) For the purposes of this subdivision, an individual who is
a member of a crew furnished by a crew leader to perform
agricultural service for any farm operator shall be treated as an
employee of that crew leader if the crew leader holds a valid
certificate
of registration under the farm labor contractor
registration
act of 1963, 7 U.S.C. 2041 to 2055 migrant and
seasonal agricultural worker protection act, 29 USC 1801 to 1872;
or substantially all the members of the crew operate or maintain
tractors, mechanized harvesting or crop-dusting equipment, or any
other mechanized equipment, which is provided by the crew leader;
and if the crew leader is not an employee of the farm operator
within the meaning of this act.
(c) For the purposes of this subdivision, in the case of an
individual who is furnished by a crew leader to perform
agricultural service for a farm operator and who is not treated as
an employee of the crew leader under paragraph (b), the farm
operator and not the crew leader shall be treated as the employer
of the individual, and the farm operator shall be treated as having
paid cash remuneration to the individual in an amount equal to the
amount of cash remuneration paid to the individual by the crew
leader,
either on his the crew
leader's own behalf or on behalf
of the farm operator, for the agricultural service performed for
the farm operator.
(d) For the purposes of this subdivision, the term "crew
leader" means an individual who does all of the following:
(i) Furnishes individuals to perform agricultural service for a
farm operator.
(ii) Pays, either on his the crew leader's own behalf or on
behalf
of a farm operator, the individuals furnished by him the
crew leader for the agricultural service performed by them.
(iii) Has not entered into a written agreement with the farm
operator under which the crew leader is designated as an employee
of the farm operator.
(6)
Beginning January 1, 1978, an An employing unit which
that paid cash remuneration of $1,000.00 or more for domestic
service in any calendar quarter in the current calendar year or the
preceding calendar year. An employing unit that is determined to be
an employer under this subdivision shall not be considered an
employer of other covered services unless it meets the test of
being an employer under another subdivision of this section.
(7) Any employing unit not an employer by reason of any other
paragraph
provision of this section for which services in
employment
are performed with respect to which such the employing
unit is liable for any federal tax against which credit may be
taken for contributions required to be paid into a state
unemployment
compensation fund; but services performed for such
that employing unit shall constitute employment for the purposes of
this
act only to the extent that such the services constitute
employment
with respect to which such federal tax is payable.
(8)
For purposes of this section, a week which that falls
in
2
calendar years shall be considered to fall entirely within that
the calendar year which that
contains the majority of days of
that week.
(9) Notwithstanding subdivision (1), after December 31, 1977,
an
employer means includes any employing unit for which services
are performed as defined in section 42(8) or (9).
(10) For the purpose of determining the amount of
contributions due pursuant to section 44(2), the provisions of
subdivisions (5) and (6) shall first apply with respect to
remuneration paid after December 31, 1977, for services performed
after that date.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4174(request no.
01676'05).
(b) Senate Bill No.____ or House Bill No. 4175(request no.
01677'05).
(c) Senate Bill No.____ or House Bill No. 4176(request no.
01678'05).
(d) Senate Bill No.____ or House Bill No. 4177(request no.
01679'05).