HB-5235, As Passed House, May 22, 2018

HB-5235, As Passed Senate, May 16, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5235

     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 2 (MCL 408.472).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. (1) An Subject to subsections (2), (3), and (4), an

employer , except an employer of an individual who harvests crops

by hand as provided in subsection (2), shall pay the following to

each an employee:

     (a) On or before the first day of each calendar month, the

wages earned by the employee during the first 15 days of the

preceding calendar month.

     (b) On or before the fifteenth day of each calendar month, the

wages earned by the employee during the preceding calendar month

from the sixteenth day through the last day.

     (2) An employer shall pay to each an individual engaged in any

phase of the hand harvesting of crops all wages earned in a week by

the individual on or before the second day following the work week

unless another method of payment is agreed upon by written

contract.

     (3) An employer who has established a regularly scheduled

weekly or biweekly payday shall be deemed to be is in compliance

with subsection (1) provided that:if both of the following

conditions are met:

     (a) Wages are paid to the employee on the established

regularly recurring payday. ; and

     (b) Such The payday occurs on or before the fourteenth day

following the end of the work period in which the wages are earned.

     (4) An employer who establishes has established a regularly

scheduled monthly payday shall be deemed to be pay period is in

compliance with subsection (1) provided that if the employer pays

to the employee, on or before the first day of each calendar month

within 15 days after the end of a monthly pay period, all wages

earned during the preceding calendar month.the monthly pay period.

     (5) In the case of For employees' overtime earnings earned

during the month of December which that would, in compliance with

this section, be paid to the employee employees after the sixteenth

of December, an employer will be deemed to be is in compliance with

this section provided the employer meets all if both of the

following conditions are met:

     (a) Employees receive all their wages, except overtime, for

the month of December on or before the employees' regularly

scheduled payday. ;

     (b) And all All overtime wages earned during the month of

December are paid on or before the next regularly scheduled payday

following the payday in which the overtime would otherwise be paid.

     (6) An employer may pay wages more often than required by this

section.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.