HB-5071, As Passed Senate, February 11, 2016
November 10, 2015, Introduced by Rep. Somerville and referred to the Committee on Commerce and Trade.
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 1 (MCL 408.471).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a)
"Department" means the department of labor.licensing and
regulatory affairs.
(b) "Employ" means to engage or permit to work.
(c) "Employee" means an individual employed by an employer.
(d) "Employer" means an individual, sole proprietorship,
partnership, association, or corporation, public or private; this
state or an agency of this state; a city, county, village,
township, school district, or intermediate school district; an
institution of higher education; or an individual acting directly
or indirectly in the interest of an employer who employs 1 or more
individuals. Except as specifically provided in the franchise
agreement, as between a franchisee and franchisor, the franchisee
is considered the sole employer of workers for whom the franchisee
provides a benefit plan or pays wages.
(e) "Fringe benefits" means compensation due an employee
pursuant to a written contract or written policy for holiday, time
off for sickness or injury, time off for personal reasons or
vacation, bonuses, authorized expenses incurred during the course
of employment, and contributions made on behalf of an employee.
(f) "Wages" means all earnings of an employee whether
determined on the basis of time, task, piece, commission, or other
method of calculation for labor or services except those defined as
fringe benefits under subdivision (e) above.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.