SB-0483, As Passed Senate, October 19, 2017
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.