HOUSE BILL NO. 4404
A bill 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 18 (MCL 408.488).
the people of the state of michigan enact:
Sec. 18. (1) The department shall order an employer who violates section 2, 3, 4, 5, 6, 7, or 8 to pay the following:
(a) Wages due to the employee.
(b) Fringe benefits due to or on the behalf of the employee in accordance with the terms set forth in the written contract or written policy.
(c) A penalty at the rate of 10% 100% annually on the wages and fringe benefits due to the employee, beginning at the time the employer is notified that a complaint has been filed and ending when payment is made.
(2) The department may order an employer who violates section 2, 3, 4, 5, 6, 7, or 8 to pay to the employee exemplary damages of not more than twice 3 times the amount of the wages and fringe benefits which that were due to the employee, if the violation is flagrant or repeated.
(3) The department may order an employer who violates section 2, 3, 4, 5, 6, 7, or 8 to pay attorney costs, hearing costs, and transcript costs.
(4) The department may assess a civil penalty fine of not more than $1,000.00 $10,000.00 against an employer who violates this act. , which The civil penalty shall fine must be credited to the general fund of this state.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.