SENATE BILL No. 483

 

 

June 22, 2017, Introduced by Senators HORN, STAMAS, SCHMIDT and ANANICH and referred to the Committee on Commerce.

 

 

     A bill to amend 2014 PA 138, entitled

 

"Workforce opportunity wage act,"

 

by amending section 10 (MCL 408.420).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10. (1) This act does not apply to an employer that is

 

subject to the minimum wage provisions of the fair labor standards

 

act of 1938, 29 USC 201 to 219, unless those federal minimum wage

 

provisions would result in a lower minimum hourly wage than

 

provided in this act. Each of the following exceptions applies to

 

an employer who is subject to this act only by application of this

 

subsection:

 

     (a) Section 4a does not apply.

 

     (b) This act does not apply to an employee who is exempt from

 

the minimum wage requirements of the fair labor standards act of

1938, 29 USC 201 to 219.

 

     (2) Notwithstanding subsection (1), an employee shall must be

 

paid in accordance with the minimum wage and overtime compensation

 

requirements of sections 4 and 4a if the employee meets either of

 

the following conditions:

 

     (a) He or she is employed in domestic service employment to

 

provide companionship services as defined in 29 CFR 552.6 for

 

individuals who, because of age or infirmity, are unable to care

 

for themselves and is not a live-in domestic service employee as

 

described in 29 CFR 552.102.

 

     (b) He or she is employed to provide child care, but is not a

 

live-in domestic service employee as described in 29 CFR 552.102.

 

However, the requirements of sections 4 and 4a do not apply if the

 

employee meets all of the following conditions:

 

     (i) He or she is under the age of 18.

 

     (ii) He or she provides services on a casual basis as defined

 

in 29 CFR 552.5.

 

     (iii) He or she provides services that do not regularly exceed

 

20 hours per week, in the aggregate.

 

     (3) This act does not apply to persons employed in summer

 

camps for not more than 4 months or to employees who are covered

 

under section 14 of the fair labor standards act of 1938, 29 USC

 

214.

 

     (4) This act does not apply to agricultural fruit growers,

 

pickle growers and tomato growers, or other agricultural employers

 

who traditionally contract for harvesting on a piecework basis, as

 

to those employees used for harvesting, until the board has

acquired sufficient data to determine an adequate basis to

 

establish a scale of piecework and determines a scale equivalent to

 

the prevailing minimum wage for that employment. The piece rate

 

scale shall must be equivalent to the minimum hourly wage in that,

 

if the payment by unit of production is applied to a worker of

 

average ability and diligence in harvesting a particular commodity,

 

he or she receives an amount not less than the hourly minimum wage.

 

     (5) This act does not apply to an individual who is 16 years

 

of age or older but less than 21 years of age in his or her

 

capacity as an ice hockey player for a junior ice hockey team that

 

is a member of a regional, national, or international junior ice

 

hockey league.

 

     (6) (5) Notwithstanding any other provision of this act,

 

subsection (1)(a) and (b) and subsection (2) do not deprive an

 

employee or any class of employees of any right that existed on

 

September 30, 2006 to receive overtime compensation or to be paid

 

the minimum wage.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.