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Chapter 408
- LABOR
Act 357 of 1947 ‑ Repealed- WORKMEN'S COMPENSATION COMMISSION (408.1 - 408.33)
Section 408.40 ‑ Transfer of Michigan strategic fund as an autonomous entity in the department of management and budget; transfer of powers and duties of certain economic and development programs and functions to the Michigan strategic fund; provisions applicable to Michigan economic development corporation; creation and transfer of certain programs and functions to the department of career development.
Section 408.42 ‑ Transfer of Michigan manpower planning council to department of labor.
Section 408.43 ‑ Transfer of governor's office for job training to department of labor.
Section 408.48 ‑ Transfer of powers and duties of Michigan jobs commission to new principal state department named the Michigan jobs commission; transfer of certain powers and duties of departments of education, social services, and commerce to new Michigan jobs commission; establish governor's workforce commission and Michigan jobs commission board.
Section 408.49 ‑ Transfer of powers and duties of office of the small business clean air ombudsman from the department of commerce to the Michigan jobs commission by type II transfer; transfer of powers and duties of state treasurer relative to granting of exclusions from state education tax to the chief executive officer of the Michigan jobs commission by a type II transfer; transfer of powers and duties established under the Michigan economic and social opportunity act and established under the weatherization assistance for low income persons program from the Michigan jobs commission to the department of social services by type II transfer.
Section 408.50 ‑ Transfer of powers and duties of the Michigan strategic fund from the director of the Michigan jobs commission to the Michigan strategic fund housed within the Michigan jobs commission; rescission of sections III.B and III.C of E.R.O. No. 1994-10.
Section 408.101 ‑ Creation of Michigan workforce investment board within Michigan department of career development as type II entity.
Act 491 of 2006 ‑ MICHIGAN WORKS ONE-STOP SERVICE CENTER SYSTEM ACT (408.111 - 408.135)
Section 408.119 ‑ Local workforce development board; appointment; certification.
Section 408.127 ‑ Designation of entities to perform administrative functions.
Section 408.129 ‑ Administrator; service; activities; direct services; approval of governor; pilot or demonstration projects.
Section 408.131 ‑ Service providers; competitive procurement process; agreement to deliver services.
Section 408.203 ‑ Division on deafness; establishment; purpose; appointment and qualifications of director.
Section 408.205 ‑ Advisory council on deafness; establishment; duty; appointment, qualifications, and terms of members; vacancy; quorum; meetings; expenses.
Section 408.206 ‑ Conducting business of council at public meeting; notice; availability of writings to public.
Section 408.208 ‑ Division on deafness fund; establishment; administration; receipt and disposition of money; revenue to be associated with division on deaf and hard of hearing; carrying over unexpended money.
Section 408.211 ‑ Functions of division of the deaf and deafened transferred from employment security commission to department of labor.
Section 408.213 ‑ Establishment of Michigan council on technical excellence within department of career development; terms and conditions; rescission of executive order 1997-15; abolishment of council for career preparation standards.
Act 219 of 1994 ‑ MICHIGAN COMMUNITY SERVICE COMMISSION (408.221 - 408.232)
Section 408.223 ‑ Appointment, qualifications, and terms of members; vacancy.
Section 408.224 ‑ Election of chairperson and other officers; meetings; quorum; participation in administration of grant program; business conducted at public meeting; writings subject to freedom of information act.
Section 408.232 ‑ Cooperation of state departments and agencies with commission.
Section 408.323 ‑ Ski area safety board; creation; composition; qualifications; ex officio members.
Section 408.324 ‑ Ski area safety board; appointment and terms of members; vacancies.
Section 408.325 ‑ Ski area safety board; conducting business at public meeting; notice; election of chairperson and other officers; quorum; meetings; compensation and expenses.
Section 408.332 ‑ Ski lifts; erection, alteration, moving, plans and specifications; rope tows.
Section 408.335 ‑ Ski lifts; rules and regulations, modification for hardship, record.
Section 408.343 ‑ Accidents causing injury; notice; identification; misdemeanor; penalty.
Section 408.384a ‑ Compensation for overtime; exceptions; rules; unpaid minimum wages; appropriation; compensatory time in lieu of monetary overtime compensation.
Section 408.384b ‑ Training hourly wage; employee less than 18 years of age; displacement prohibited; violation; fine.
Section 408.385 ‑ Wage deviation board; appointment, qualifications, and terms of members; chairperson; commissioner as secretary; quorum; vote on recommendation or report; conducting business at public meeting; notice of meeting; availability of certain writings to public; compensation and expenses.
Section 408.387 ‑ Rates for apprentices, learners, and persons with physical or mental disabilities; establishment.
Section 408.387a ‑ Employees receiving gratuities; minimum hourly wage; “gratuities” defined.
Section 408.390 ‑ Wage deviation board; reconsideration of deviated wage rate.
Section 408.391 ‑ Statement of wages, hours, and deductions; inspection; posting of regulations and orders.
Section 408.392 ‑ Administration and enforcement of act; investigating and ascertaining wages; revealing facts or information.
Section 408.395 ‑ Discrimination against employee serving on or testifying to deviation board; penalty.
Section 408.398 ‑ Massage establishment; violation by employer as misdemeanor; penalty.
Section 408.403 ‑ Invalidating provisions of preceding section as misdemeanor; penalty; prosecution.
Act 177 of 1893 ‑ Repealed- RAILROAD EMPLOYEES; DAY'S LABOR (408.441 - 408.444)
Act 361 of 1919 ‑ Repealed- MOTORMAN OR CONDUCTOR; WORKING DAYS (408.461 - 408.462)
Section 408.472 ‑ Payment of wages; time; regularly scheduled weekly or biweekly payday; monthly payday; overtime earnings during month of December; frequency of wage payments.
Section 408.474 ‑ Withholding payment of compensation due as fringe benefit to be paid at termination date.
Section 408.475 ‑ Payment of wages to employee voluntarily leaving employment; payment of wages to employee discharged from employment; exception.
Section 408.476 ‑ Wages; payment methods; deposit of employee's wages in bank, credit union, or savings and loan association; issuance of payroll debit card; consent; employees required to receive wages through direct deposit or payroll debit card; request to change method of receiving wages; fees or costs; definitions.
Section 408.478 ‑ Fee, gift, tip, gratuity, or other remuneration or consideration, or contribution to charitable, social, or beneficial purpose, as condition of employment or continuation of employment.
Section 408.480 ‑ Payment of wages and fringe benefits on behalf of deceased employee; discharge and release of employer.
Section 408.481 ‑ Complaint; filing; form; notice to employer; investigation; informal resolution of dispute; notice to employer and employee; request for review; oaths and affirmations; subpoena; witnesses; evidence; parties to proceeding; appointment and duties of hearings officer; hearing; determination; judicial review; venue.
Section 408.483 ‑ Discrimination; complaint; investigation; rehiring or reinstatement of employee with back pay; review of determination.
Section 408.485 ‑ Failure to pay wages and fringe benefits as misdemeanor; penalty.
Section 408.486 ‑ Issuance of check or other order for payment of wages; violation; penalty; prima facie evidence.
Section 408.490 ‑ Repeal of MCL 408.501 to 408.506, 408.521 to 408.525a, and 408.561 to 408.563.
Act 213 of 1966 ‑ DEBTS OWING TO OR FOR BENEFIT OF EMPLOYEES (408.511 - 408.512)
Section 408.511 ‑ Business suspended by action of creditors or placed in custody of receiver or trustee; debts owing to or for benefit of employees as preferred claims; preferred creditors; contest; processing claim or reducing claim to judgment.
Section 408.512 ‑ Statement of preferred claim; filing, contents, attachments; payment.
Section 408.552 ‑ Contracts for state projects; minimum wage provisions, exceptions.
Section 408.553 ‑ Prevailing wage and fringe benefit rates; schedule as part of specifications and bid form.
Section 408.554 ‑ Prevailing wages and fringe benefit rates; establishment; public hearings.
Section 408.555 ‑ Prevailing wage and fringe benefit rates; posting by contractors.
Section 408.556 ‑ Prevailing wages and fringe benefits; failure to pay, termination of contract; contractor's liability and sureties.
Act 221 of 1897 ‑ Repealed- PAYMENT OF WAGES; SCRIPT, TOKEN, ORDER OR OTHER EVIDENCE OF INDEBTEDNESS (408.561 - 408.563)
Act 106 of 1903 ‑ WORKING AT POINT AWAY FROM HOME LOCALITY (408.581 - 408.583)
Section 408.581 ‑ Work away from home locality; contract, terms; minors under sixteen; misrepresentation, penalty.
Section 408.582 ‑ Fraudulent acceptance of benefits; misdemeanor; prima facie evidence.
Act 225 of 1966 ‑ CARNIVAL-AMUSEMENT SAFETY ACT OF 1966 (408.651 - 408.670)
Section 408.653 ‑ Carnival-amusement safety board; appointment, terms, and qualifications of members.
Section 408.654 ‑ Carnival-amusement safety board; conducting business at public meeting; quorum; meetings; notice; election of chairperson and other officers; clerical and administrative help; payment.
Section 408.655 ‑ Carnival-amusement safety board; compensation and expenses.
Section 408.656 ‑ Carnival-amusement safety board; promulgation of definitions, codes, rules and regulations.
Section 408.657 ‑ Director; administration and enforcement of act, codes, rules, and regulations.
Section 408.660 ‑ Carnival-amusement ride; permit requirement, application, annual inspection.
Section 408.662 ‑ Erection or alteration of ride; notice of intent, plans or diagrams.
Section 408.663 ‑ Order for temporary cessation of operation; unsafe condition, correction.
Section 408.665 ‑ Hardship cases; modification of rules and regulations, request, written authorization, record.
Section 408.666 ‑ Security against owner's or operator's liability for injury required; insurance or bond; local unit of government as self-insurer.
Section 408.667 ‑ Temporary cessation of operations; order; duration; violation of act as misdemeanor; separate offense; exception.
Act 16 of 1997 ‑ THE PLAYGROUND EQUIPMENT SAFETY ACT (408.681 - 408.687)
Section 408.683 ‑ Public playground equipment; liability as to state civil infraction; separate civil action.
Section 408.685 ‑ Violation of act; penalty; default; disposition of collections.
Section 408.686 ‑ Public playground equipment; responsibility for maintenance, repair, and upkeep.
Section 408.687 ‑ Finding of responsibility; admissibility in civil action; immunity; other defenses, limitations, remedies, or rights.
Act 89 of 1963 ‑ Repealed- CONSTRUCTION SAFETY ACT OF 1963 (408.711 - 408.724)
Section 408.753 ‑ Board of boiler rules; creation; appointment, qualifications, and terms of members; removal of member; vacancy; election of officers; conducting business at public meeting; notice of meeting; quorum; effectiveness of approval, decision, or ruling; compensation and expenses.
Section 408.754a ‑ Rules to establish fee schedules; filing completed licensing application; issuance of license within certain time period; report; state boiler inspection fund; “completed application” defined.
Section 408.755 ‑ Nonconforming boilers; special design; special installation and operating permit.
Section 408.756 ‑ Maximum allowable pressure; safety standards; sale or reinstallation.
Section 408.757a ‑ Antique steam boilers; compliance with rules; inspection; certificate of inspection; exception.
Section 408.757c ‑ Miniature hobby locomotive; annual inspection; report; fee; rules; application and inspection by club; “public display or use” defined.
Section 408.758 ‑ Chief inspector; appointment, qualifications, and duties.
Section 408.761 ‑ Special inspectors; qualifications; application for license or examination; filing; fees; license renewal; salary or expenses from state prohibited; continuance of license; inspection of boilers; exemption from inspection fees.
Section 408.762 ‑ Examination for inspectors; content; reexamination; record for inspection.
Section 408.763 ‑ Installation or repair of boiler; license required; person licensed under Forbes mechanical contractors act; examination; issuance; fee; renewal; exemption.
Section 408.763a ‑ Operation of boiler and auxiliaries without registration; use of certain terms by individual or business entity; registration requirements.
Section 408.763b ‑ Boiler operator and stationary engineer registrations; classification.
Section 408.763c ‑ Qualified technical education programs; course content; rules.
Section 408.764 ‑ License or registration suspensions; notice; appeal; revocation; hearing; reinstatement.
Section 408.767 ‑ Installation or alteration of boiler; permit required; issuance; fee.
Section 408.768 ‑ Repair of boiler; permit required; exceptions; issuance; fee.
Section 408.769 ‑ Access to premises; inspection of boiler; hydrostatic test.
Section 408.770 ‑ Inspection report; filing; forms; fee; issuance, contents, validity, posting, and suspension of inspection certificate.
Section 408.773 ‑ Inapplicability of act; construction of act as to repairs in public utilities and industrial plants.
Section 408.801 ‑ Elevators; applicability of definitions in American standard safety code.
Section 408.806 ‑ Elevators; compliance with American standard safety code; adoption by rule; conflicts; applicability to residential incline elevator for use by members of homeowners association accessing shoreline of Great Lake or connecting waterway; "homeowners association" defined.
Section 408.807 ‑ Elevator safety board; creation; appointment, qualifications, and terms of members; vacancy; compensation and expenses.
Section 408.808 ‑ Elevator safety board; powers and duties generally; rules establishing fee schedules; conducting business at public meeting; notice of meeting.
Section 408.810 ‑ General and special inspectors; qualifications; application requirements for examination as elevator inspectors; acceptance or rejection of applications; issuance of certificates of competency; reexamination.
Section 408.811 ‑ Special inspectors; designation by insurers or local units; commissions; renewal fees; compensation.
Section 408.812 ‑ Elevator contractors' licenses; applications, qualifications, expiration; exemptions.
Section 408.813 ‑ Certificates of competency, commissions and licenses; reissuance when lost or destroyed.
Section 408.814 ‑ Certificates of competency, commissions and licenses; suspension or revocation; grounds, hearing, notice.
Section 408.815 ‑ Permits for installation or alterations; plans and specifications; approval; forms; fees; emergency alterations; issuance by municipality; receipt of completed application; time period for issuance; report; “completed application” defined.
Section 408.820 ‑ Smoking or carrying lighted tobacco in passenger elevators prohibited; posting sign; receptacles.
Section 408.824 ‑ Elevator safety board; membership, rules and fees, continuation.
Act 98 of 2011 ‑ FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONSTRUCTION ACT (408.871 - 408.883)
Section 408.875 ‑ Contract for construction, repair, remodeling, or demolition of facility; prohibitions concerning bid specifications, project agreements, or other controlling documents.
Section 408.879 ‑ Exemption of project, contract, subcontract, grant, tax abatement, or tax credit from certain requirements; special circumstances.
Section 408.903 ‑ Annual report; contents; employment plan; submission to governor and legislature; cooperation and assistance of departments; report of federal decisions.
Section 408.904 ‑ Employment plan; review by governor; index; relationship of plan to presidential federal report on economic goals and policies.
Section 408.906 ‑ Reports by directors of senate and house fiscal agencies.
Section 408.908 ‑ Measures to ensure meeting of information requirements; initiation by governor.
Section 408.909 ‑ Biennial labor market supply report; contents; compliance with reporting requirements and procedures.
Section 408.991 ‑ Abolishment of certain position as member of board of health and safety compliance appeals.
Act 154 of 1974 ‑ MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT (408.1001 - 408.1094)***** 408.1035a.added THIS ADDED SECTION TAKES EFFECT WHEN ANY PROVISION OF SECTION 14 IS HELD TO BE UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION, THE ALLOWABLE TIME FOR FILING AN APPEAL HAS EXPIRED OR THE APPELLANT HAS EXHAUSTED ALL AVENUES OF APPEAL, AND SECTION 35 IS REPEALED *****
***** 408.1035 THIS SECTION IS REPEALED IF SECTION 14, AS AMENDED BY ACT 105 OF 1991, IS HELD TO BE UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION AND THE ALLOWABLE TIME FOR FILING AN APPEAL HAS EXPIRED OR THE APPELLANT HAS EXHAUSTED ALL AVENUES OF APPEAL *****
Section 408.1014 ‑ Federal standards incorporated by reference; force and effect; conflicts; copies of standard; processing proposed rule substantially similar to federal standard; clear and convincing need for standard; compliance with administrative procedures act of 1969.
Section 408.1014a ‑ Occupational safety and health hazard communication standard; incorporation by reference; applicability of standard; conflicting provisions; administration and enforcement of standards; duties of employers.
Section 408.1014b ‑ Disclosure of specific chemical identity, percentage composition, or both.
Section 408.1014c ‑ Identification of pipes and piping systems in workplace; establishment of pipe and stationary process container entry procedure; applicable provisions.
Section 408.1014d ‑ Trade secret claims; petition; review; confidentiality; determination; final order; revocation of order; hearing; exemption of records and information from disclosure under freedom of information act; providing director with specific chemical identity and percentage composition of hazardous chemical.
Section 408.1014f ‑ Employer engaged in agricultural operations; certifying list of chemicals.
Section 408.1014i ‑ Plan for executing responsibilities of organized fire department.
Section 408.1014k ‑ Safety data sheets for hazardous chemicals in workplace; organization; training employees; notice of new or revised sheets.
Section 408.1014l ‑ Failure to provide exposed employee with access to most current safety data sheet.
Section 408.1014n ‑ Federal occupational safety and health field sanitation standard; incorporation by reference; effect; providing potable water, toilet facility, and hand washing facility for agricultural employees; administration and enforcement of incorporated standard; copies of standard.
Section 408.1016 ‑ Promulgation, expression, and adoption of standards by director.
Section 408.1017 ‑ Workplace ergonomics; promulgation of rules prohibited; federal rules or guidelines; "workplace ergonomics" defined.
Section 408.1021 ‑ Continuation of safety standards; emergency safety standards; promulgation of approved standard.
Section 408.1024 ‑ Continuation of occupational health standards; promulgation; requirements for standard; emergency standard; contents of standard; availability and costs of medical examination or test; religious objection.
Section 408.1027 ‑ Temporary order granting variance from standard; rule or order for variance from standard.
Section 408.1028 ‑ Violation of standard threatening physical harm; request for inspection; notice; determination; notification of condition presenting imminent danger; notification of violation of act or rule; inspection; confidentiality; procedures for informal review of decision; statement of final disposition; right to attend meetings.
Section 408.1029 ‑ Inspection and investigations; right of entry; warrant; witnesses; evidence; right of accompaniment; advance notice; tests and samples; evaluation; confidentiality of trade secrets; conference; liability for damages; discrimination prohibited; “wages and fringe benefits” defined.
Section 408.1030 ‑ Safety and health inspector at site of tunnel, shaft, caisson, or cofferdam; qualifications; powers and duties; cost of wages and fringe benefits; advising of and publishing regular and overtime rates; tunnel construction activity exceeding 60 hours per week; employer's responsibility not diminished.
Section 408.1031 ‑ Determination of imminent danger; notice; order; tagging equipment or process; removal of tag; on site review; recommendation; discrimination prohibited; noncompliance with order; petition to restrain condition or practice; action against department; response to imminent danger complaint; opportunity to identify, label, or provide safety data sheet for container.
Section 408.1033 ‑ Citation for violation; issuance; contents; presentation; mailing; posting; notification of compliance; failure to correct violation; notice in place of citation; rules; vacating citation.
Section 408.1035 ‑ Violations; civil and criminal penalties; effective date of increases in civil penalties made pursuant to 1991 amendatory act.
Section 408.1036 ‑ Civil penalties; assessment; schedule; payment; recovering unpaid penalty.
Section 408.1041 ‑ Granting additional time for compliance, modification, or dismissal of citation and penalty; petition; procedure; effect of failure to petition; action by department; notice; finality of decision; appeal to board.
Section 408.1042 ‑ Hearing; order; rules of procedure; report of hearing officer.
Section 408.1044 ‑ Review of report of hearing officer; powers of board; order affirming or modifying abatement requirements; judicial review of order or standard.
Section 408.1046 ‑ Board of health and safety compliance and appeals; creation; appointment, qualifications, and terms of members; chairman; vacancy; scope of authority; meetings; quorum; prerequisite to official action; compensation and expenses; hearing; evidence; fees; rules; construction and application of identical state and federal standards.
Section 408.1052 ‑ Department attorney as representative of departments, board, and commissions in litigation; board not considered party in judicial review proceeding.
Section 408.1054 ‑ Safety education and training division; creation; functions; newsletter; statement as to standard, rule, or order.
Section 408.1061 ‑ Records and reports; notice of fatalities or hospitalizations; access of employee to records; notice to employee of exposure and corrective action; federal requirements not negated.
Section 408.1063 ‑ Confidentiality of trade secrets; protection; rules; orders; information available to public; identity of employee exempt from disclosure.
Section 408.1065 ‑ Discharging or discriminating against employee prohibited; complaint; investigation; order; notice; review; finality of determination; parties; hearings officers; conduct of proceedings; determination as final disposition; judicial review; venue; civil action to enforce order; powers of director of labor.
Section 408.1069 ‑ Rules; declaratory rulings; effect of standards adopted by reference or continued in effect.
