SENATE BILL NO. 487

September 04, 2019, Introduced by Senators POLEHANKI, HERTEL, ANANICH, WOJNO, BULLOCK, BRINKS, BAYER, ALEXANDER, GEISS, MCCANN and HOLLIER and referred to the Committee on Government Operations.

A bill to amend 2018 PA 337, entitled

"Improved workforce opportunity wage act,"

by amending section 9 (MCL 408.939).

the people of the state of michigan enact:

Sec. 9. (1) If an employer violates this act, the employee affected by the violation, at any time within 3 years after the violation, may do any of the following:

(a) Bring a civil action for the recovery of the difference between the amount paid and the amount that, but for the violation, would have been paid the employee under this act and an equal additional amount as liquidated damages together with costs and reasonable attorney fees as are allowed by the court.

(b) File a claim with the commissioner. who The commissioner or the commissioner's designee shall investigate the claim.

(2) If the commissioner or the commissioner's designee determines there is reasonable cause to believe that the employer has violated this act and the commissioner is subsequently unable to obtain voluntary compliance by the employer within a reasonable period of time, the commissioner shall bring a civil action under subsection (1)(a). The commissioner or the commissioner's designee may investigate and the commissioner may file a civil action under subsection (1)(a) on behalf of all employees of that employer who are similarly situated at the same work site and who have not brought a civil action under subsection (1)(a). A contract or agreement between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.

(3) In addition to bearing liability for civil remedies described in this section, an employer who fails to pay the minimum hourly wage in violation of this act, or who violates a provision of section 4a governing an employee's compensatory time, is subject to a civil fine of not more than $1,000.00.

(4) If requested by an employee who files a claim under this section, the commissioner or the commissioner's designee shall, to the extent allowed by law, not disclose to an employer the identity of the employee.