May 30, 2018, Introduced by Rep. Sabo and referred to the Committee on Government Operations.
A bill to prohibit certain employers from requiring employees
and employees' spouses and dependents to participate in certain
activities; and to provide sanctions and remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"employee benefits relinquishment act".
Sec. 3. As used in this act:
(a) "Employee" means an individual who receives compensation
for performing services for an employer under an express or implied
contract of hire.
(b) "Employer" means an individual or entity that employs 1 or
more employees. Employer does not include this state, an agency of
this state, or a political subdivision of this state.
Sec. 5. An employer that offers or contributes to health
insurance coverage for its employees shall not require an employee
who opts out of the health insurance coverage, or the employee's
spouse or dependent, to participate in an exit interview or exit
program as a condition of receiving a benefit the employer offers
to employees who opt out of the health insurance coverage.
Sec. 7. (1) An employer that violates or threatens or attempts
to violate section 5 is liable to an employee affected by the
violation, threat, or attempt for damages equal to the opt-out
benefit that the employee did receive or would have received. An
employee affected by the violation, threat, or attempt may bring a
civil action for damages or injunctive relief, or both. In
addition, a court shall award court costs and reasonable attorney
fees to an employee who prevails in an action brought under this
subsection.
(2) The attorney general may bring an action under subsection
(1) on behalf of 1 or more employees affected by a violation or
threatened or attempted violation of section 5.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.