February 3, 2005, Introduced by Senator OLSHOVE and referred to the Committee on Commerce and Labor.
A bill to amend 1936 (Ex Sess) PA 1, entitled
"Michigan employment security act,"
by amending section 41 (MCL 421.41).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41. "Employer" means any of the following:
Beginning January 1, 1969 , an An
employing unit ( i ) which
that in each of 20 different calendar weeks within a calendar year,
whether or not the weeks were consecutive, has or had in employment
1 or more individuals irrespective of whether the same individual
employed in each week, or
( ii ) by which total remuneration of
$1,000.00 or more for employment was paid or payable within the
(a) Any individual, legal entity, or employing unit
that acquires the organization, trade, or business, or
or more of the assets
thereof, of another organization,
or business, which at the time of the acquisition was an employer
subject to this act.
Any individual, legal entity, or employing unit
a transferee in section 22(c)
that becomes a transferee of
business assets by any means otherwise than in the ordinary course
of trade from an employer, if there is substantially common
ownership, management, or control of the transferor and transferee
at the time of transfer.
Any employing unit
which having that
has become an
(9) but has not, under
sections section 24
and or 25, ceased
to be an employer subject to this act.
(4) For the effective period of its election pursuant to
25, any other employing unit
which that has elected to
become fully subject to this act.
Beginning January 1, 1978 , an An
employing unit which
that for some portion of a day in each of 20 different calendar
weeks, whether or not the weeks were consecutive, in either the
current or the preceding calendar year, employed 10 or more
individuals performing agricultural service, regardless of whether
individuals were employed at the same moment of time, or
that, during any calendar quarter in either the current or the
preceding calendar year, paid remuneration in cash of $20,000.00 or
more to employees performing agricultural service.
(b) For the purposes of this subdivision an individual who is
a member of a crew furnished by a crew leader to perform
agricultural service for any farm operator shall be treated as an
employee of that crew leader if the crew leader holds a valid
of registration under the
farm labor contractor registration
act of 1963, 7 U.S.C. 2041 to 2055
seasonal agricultural worker protection act, 29 USC 1801 to 1872;
or substantially all the members of the crew operate or maintain
tractors, mechanized harvesting or crop-dusting equipment, or any
other mechanized equipment, which is provided by the crew leader;
and if the crew leader is not an employee of the farm operator
within the meaning of this act.
(c) For the purposes of this subdivision, in the case of an
individual who is furnished by a crew leader to perform
agricultural service for a farm operator and who is not treated as
an employee of the crew leader under paragraph (b), the farm
operator and not the crew leader shall be treated as the employer
of the individual, and the farm operator shall be treated as having
paid cash remuneration to the individual in an amount equal to the
amount of cash remuneration paid to the individual by the crew
his the crew
leader's own behalf or on behalf of
the farm operator, for the agricultural service performed for the
(d) For the purposes of this subdivision, the term "crew
leader" means an individual who does all of the following:
(i) Furnishes individuals to perform agricultural service for a
(ii) Pays, either on
his the individual's own behalf or on
of a farm operator, the individuals furnished by
individual for the agricultural service performed by them.
(iii) Has not entered into a written agreement with the farm
operator under which the crew leader is designated as an employee
of the farm operator.
Beginning January 1, 1978 , an An
employing unit which
that paid cash remuneration of $1,000.00 or more for domestic
service in any calendar quarter in the current calendar year or the
preceding calendar year. An employing unit that is determined to be
an employer under this subdivision shall not be considered an
employer of other covered services unless it meets the test of
being an employer under another subdivision of this section.
(7) Any employing unit not an employer by reason of any other
paragraph of this section for which services in employment are
with respect to which
employing unit is liable
for any federal tax against which credit may be taken for
contributions required to be paid into a state unemployment
fund; but services performed for
such the employing
unit shall constitute employment for the purposes of this act only
the extent that
services constitute employment with
such the federal tax is payable.
For purposes of this section, a week
which that falls
calendar years shall be considered to fall entirely within
which that contains
the majority of days of that
(9) Notwithstanding subdivision (1), after December 31, 1977,
"employer" means includes any employing unit
services are performed as defined in section 42(8) or (9).
(10) For the purpose of determining the amount of
contributions due pursuant to section 44(2), the provisions of
subdivisions (5) and (6) shall first apply with respect to
remuneration paid after December 31, 1977, for services performed
after that date.
Enacting section 1. This amendatory act takes effect July 1,
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 171.
(b) Senate Bill No. 173.
(c) Senate Bill No. 172.