Mid-Year Michigan Employment and Labor Legislation Update

140 Michigan employment and labor bills have been introduced since the start of the current legislative session back in January 2023. Most are still in committee. Those that have been passed are primarily focused on public employers which leaves many bills that impact private employers in Michigan still languishing in their respective committees.

Since the early days of this session where the newly established state Legislature passed laws repealing Right to Work and Prevailing Wage laws, the Democratic majority along with Governor Whitmer have not moved many of the other bills that would impact employers further than their respective legislative committees.

A list of pending bills impacting private employers to date are:

• HB 4005 Collective Bargaining – Revises collective bargaining rights to restore former provisions.
• HB 4035 Hours and Wages – Provides scheduling standards for certain employers.
• HB 4218 Employment Discrimination – Prohibits discrimination in employment based on certain vaccination status.
• HB 4232 Collective Bargaining – Prohibits an employer from offering or granting status as permanent replacement employee to certain individuals who work for the employer during a labor dispute.
• HB 4235 Union Dues – Provides credit for the payment of qualified union dues paid to a labor organization.
• HB 4240 Employment Discrimination – Prohibits an employer from inquiring about job applicant’s credit history.
• HB 4400 Nondisclosure of Wages – Enacts sentencing guideline for employer requiring nondisclosure of wages.
• HB 4537/SB143 Fair Employment Practices – Prohibits employers from obtaining noncompete agreements from employees.
• HB 4574/SB140/SB 143 Family Leave – Provides family leave optimal coverage benefits.
• HB 4575 Family Leave – Provides deduction for family leave optimal coverage benefits.
• HB 4585 Right-To-Work Zones – Allows local units of government to establish right-to-work zones.
• HB 4588 Labor Organizations – Prohibits labor organization’s use of dues or fees for a political purpose unless authorized by the employee.
• HB 4915 Safety Inspections – Allows union representatives to be present.
• HB 4932 Youth Employment – Modifies penalties for certain violations of youth employment standards act.
• HB 4960 Employment Discrimination – Prohibits employers and labor organizations from requesting or maintaining a record of certain criminal history information about a job applicant or employee.
• HB 4962 Employment of Minors – Provides sentencing guidelines for crimes related to the employment of minors.
• HB 4972 Fair Employment Practices – Prohibits employers from entering agreements that prohibit employees from disclosing certain information about violations of the Elliott-Larsen civil rights act unless certain conditions are met.
• HB 5292 Working Conditions – Requires employers to provide breaks for employees with nursing children.
• HB 5461 Retirement – Creates retirement program for certain nonpublic employees to participate in a benefit plan and provides oversight.
• HB 5538 Hiring Practices – Prohibits hiring practices based on anything other than the merit of the prospective employee.
• HB 5594 Youth Employment – Modifies work permit issuance procedures.
• HB 5618 Fair Employment Practices – Prohibits an employer from seeking or asking about certain information about a job applicant’s compensation history and credit history.
• HB 5619 Fair Employment Practices – Requires employers to create written job descriptions and disclose to job applicants and certain employees.
• HB 5620/SB142 Fair Employment Practices – Establishes sanctions and remedies for failure of employer to disclose written job descriptions to job applicants and certain employees.
• HB 5621 Wage Discrimination – Allows anonymous reporting of wage discrimination.
• HB 5623 Fair Employment Practices – Requires employers to post certain employment discrimination information.
• HB 5624 Employment Discrimination – Prohibits an employer from basing the employee’s wage rate on certain protected attributes and characteristics of an employee.
• HB 5625 Fair Employment Practices – Provides requirements to obtain a fair paycheck workplace certificate.
• HB 5626 Wage Discrimination – Modifies provision regarding wage discrimination based on sex and increases fines.
• HB 5627 Employment Discrimination – Increases damages for actions for unequal pay and modifies accrual date of claims.
• HB 5734 Employee Benefits – Requires an employer to pay certain types of accrued leave to an employee when employment is terminated.
• SB 6 Prevailing Wages – Reenacts prevailing wage.
• SB 40 Employment Security – Increases maximum number of unemployment benefit weeks.
• SB 846 Right to Work – Restores prohibition on mandatory union membership or non-member agency fee for workers under a collective bargaining agreement.

ASE will continue to follow state legislation and report on any developments impacting employers.

By Michael Burns, courtesy of SBAM-approved partner, ASE. Source: Gongwer Bill Tracking 6/10/2024

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