Act No. 37

Public Acts of 1998

Approved by the Governor

March 18, 1998

Filed with the Secretary of State

March 18, 1998

EFFECTIVE DATE: March 18, 1998

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Senator Cisky

ENROLLED SENATE BILL No. 367

AN ACT to amend 1964 PA 154, entitled "An act to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for the administration and enforcement of this act; and to prescribe penalties for the violation of this act," by amending section 14 (MCL 408.394).

The People of the State of Michigan enact:

Sec. 14. This act does not apply to an employer who is subject to the minimum wage provisions of the fair labor standards act of 1938, chapter 676, 52 Stat. 1060, 29 U.S.C. 201 to 216 and 217 to 219, unless application of those federal minimum wage provisions would result in a lower minimum wage than provided in this act. Additionally, this act does not apply to persons employed in summer camps for not more than 4 months, to employees with disabilities who are covered by a blanket deviation certificate or other special certificate issued under section 14(c) of the fair labor standards act of 1938, chapter 676, 52 Stat. 1068, 29 U.S.C. 214, or to agricultural fruit growers, pickle growers and tomato growers, or other agricultural employers who traditionally contract for harvesting on a piecework basis, as to those employees of such employers used for such harvesting until the board shall have acquired sufficient data to determine an adequate basis for the establishment of a scale of piecework and shall determine such a scale equivalent to the prevailing minimum wage for such employment, which determination shall occur no later than May 1, 1967. Such piece rate scale shall be equivalent to the minimum hourly wage in that when the payment by unit of production is applied to a worker of average ability and diligence in harvesting a particular commodity he or she shall receive an amount not less than the hourly minimum wage.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.