Loading chat...

MI HB6034

Bill

Status

Introduced

4/14/2022

Primary Sponsor

Jim Haadsma

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Adds definition of "independent contractor" requiring all three conditions: freedom from control by payer, work outside payer's usual business, and customary engagement in independently established trade of same work.

  • Creates new section 13c prohibiting classification, reporting, or treatment of employees as independent contractors, with burden of proof on the person accused of violation.

  • Establishes wages and fringe benefits fund within state treasury to receive deposits and be used solely for enforcing the act upon appropriation.

  • Expands retaliation protections to cover retaliation and discrimination (not just discharge) and requires department to order rehiring with back pay if violation found.

  • Adds penalties for section 13c violations including: 50% of collected penalties paid to affected employee, penalty equal to estimated federal taxes and Medicare payments due if properly classified, and department notification to treasury and unemployment insurance agency.

Legislative Description

Labor: hours and wages; penalties and remedies for misclassification of independent contractors; provide for. Amends secs. 1, 13, 18 & 19 of 1978 PA 390 (MCL 408.471 et seq.) & adds secs. 13c & 13d.

Labor: hours and wages

Last Action

Bill Electronically Reproduced 04/14/2022

4/26/2022

Committee Referrals

Judiciary4/14/2022

Full Bill Text

No bill text available