HOUSE BILL No. 4491

 

April 21, 2015, Introduced by Reps. Brinks, Sarah Roberts, Derek Miller, Liberati, Darany, Faris, Chang, Plawecki, Pagan, Smiley, Greig, Chirkun, Hovey-Wright, Durhal, Gay-Dagnogo, Banks, Love, Geiss, Moss, Cochran, Zemke, Townsend, Hoadley, Brunner, LaVoy, Irwin, Dillon, Garrett, Wittenberg, Guerra, Driskell and Singh and referred to the Committee on Commerce and Trade.

 

     A bill to amend 2014 PA 138, entitled

 

"Workforce opportunity wage act,"

 

by amending section 13 (MCL 408.423).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 13. (1) An employer having employees subject to this act

 

shall not discriminate between employees within an establishment on

 

the basis of religion, race, color, national origin, age, sex,

 

sexual orientation, height, weight, familial status, or marital

 

status by paying wages to employees in the establishment at a rate

 

less than the rate at which the employer pays wages to employees of

 

the opposite sex for equal an employee of another religion, race,

 

color, national origin, age, sex, sexual orientation, height,

 

weight, familial status, or marital status for work on jobs, the

 

performance of which requires equal equivalent skill, effort, and

 

responsibility and that is performed under similar comparable


 

working conditions, except if the payment is made under 1 or more

 

of the following:

 

     (a) A seniority system.

 

     (b) A merit system.

 

     (c) A system that measures earnings by quantity or quality of

 

production.

 

     (d) A differential based on a factor other than sex.bona fide,

 

job-related factor, such as job-related education, training,

 

experience, or market conditions, and not on religion, race, color,

 

national origin, age, sex, sexual orientation, height, weight,

 

familial status, or marital status.

 

     (2) An employer that is paying a wage differential in

 

violation of this section shall not reduce the wage rate of an

 

employee to comply with this section.

 

     (3) For purposes of administration and enforcement, any amount

 

owing to an employee that has been withheld in violation of this

 

section is considered unpaid minimum wages under this act.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.