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MI SB0645
Bill
AI Summary
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Establishes the "Employee Classification Act" to create uniform criteria for determining employer-employee relationships under Michigan law.
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For most industries, uses the IRS 20-factor test from Revenue Ruling 87-41 to determine if an individual is an employee or independent contractor.
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Provides alternative criteria for trucking and messenger courier industries: vehicle operators are employees unless all six conditions are met, including vehicle ownership, responsibility for operating costs, compensation based on work performed, and a signed independent contractor agreement.
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Presumes an individual is an employee if the employer is required to withhold federal income tax from their compensation.
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Prohibits employers from misclassifying employees in state-required reports and subjects violators to sanctions under the statute requiring the report if misclassification reduces legal obligations to the employee, others, or the state.
Legislative Description
Labor; fair employment practices; employee misclassification; establish uniform criteria. Creates new act.
Labor: fair employment practices
Last Action
Referred To Committee Of The Whole With Substitute S-1
10/20/2016