Act No. 43

Public Acts of 2023

Approved by the Governor

June 13, 2023

Filed with the Secretary of State

June 13, 2023

EFFECTIVE DATE:  June 13, 2023

 

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Reps. Tyrone Carter, Young, McFall, Pohutsky, Arbit, Conlin, Brabec, Rheingans, Grant, Hoskins, Tsernoglou, Wilson, Brenda Carter, Mentzer, Farhat, Edwards, Price, Snyder, Liberati, McKinney, Paiz, Byrnes, O Neal, Glanville, Whitsett, Coleman, Haadsma, Scott, Beson, BeGole, DeBoer and Aiyash

ENROLLED HOUSE BILL No. 4176

AN ACT to amend 1978 PA 390, entitled An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts, by amending section 8 (MCL 408.478).

The People of the State of Michigan enact:

Sec. 8. (1) Except as otherwise provided in this subsection, an employer, agent or representative of an employer, or other person having authority from the employer to hire, employ, or direct the services of other persons in the employment of the employer shall not demand or receive, directly or indirectly from an employee, a fee, gift, tip, gratuity, or other remuneration or consideration, as a condition of employment or continuation of employment. This subsection does not apply to any of the following:

(a) Fees collected by an employment agency licensed under the laws of this state.

(b) Subject to subsection (3), the following remuneration or consideration collected by a law enforcement agency under a signed agreement entered into on or after the effective date of the amendatory act that added this subdivision:

(i) If the employee voluntarily leaves employment with the law enforcement agency not more than 1 year after the date the employee s law enforcement training academy ended, 100% of the cost of the law enforcement training academy up to and not exceeding the employee s salary for the first year of employment with the law enforcement agency.

(ii) If the employee voluntarily leaves employment with the law enforcement agency more than 1 year but less than 2 years after the date the employee s law enforcement training academy ended, 75% of the cost of the law enforcement training academy up to and not exceeding the employee s salary for the first year of employment with the law enforcement agency.

(iii) If the employee voluntarily leaves employment with the law enforcement agency 2 years or more but less than 3 years after the date the employee s law enforcement training academy ended, 50% of the cost of the law enforcement training academy up to and not exceeding the employee s salary for the first year of employment with the law enforcement agency.

(iv) If the employee voluntarily leaves employment with the law enforcement agency 3 years or more but less than 4 years after the date the employee s law enforcement training academy ended, 25% of the cost of the law enforcement training academy up to and not exceeding the employee s salary for the first year of employment with the law enforcement agency.

(c) Remuneration or consideration collected by an employer under an optional education repayment agreement in which the employer offers to fund an employee s education with the understanding that the employee will repay the costs incurred unless the employee remains with the employer for a specific period.

(2) Except for a contribution required or expressly permitted by law or by a collective bargaining agreement, an employer shall not require an employee or a person seeking employment to contribute directly or indirectly to a charitable, social, or beneficial purpose as a condition of employment or continuation of employment.

 

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 32 of the 102nd Legislature is enacted into law.


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This act is ordered to take immediate effect.

 

Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor

Compiler's note: Senate Bill No. 32, referred to in enacting section 1, was filed with the Secretary of State June 13, 2023 and became 2023 PA 44, Imd. Eff. June 13, 2023.