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MI SB0645

Bill

Status

Introduced

12/8/2015

Primary Sponsor

Michael Kowall

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Origin

Senate

98th Legislature

AI Summary

  • Establishes the "Employee Classification Act" to create uniform criteria for determining employer-employee relationships under Michigan law.

  • 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.

  • 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.

  • Presumes an individual is an employee if the employer is required to withhold federal income tax from their compensation.

  • 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

Committee Referrals

Commerce12/8/2015

Full Bill Text

No bill text available