HB-6213, As Passed House, June 20, 2006

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6213

 

June 15, 2006, Introduced by Reps. Huizenga, Condino, Dillon, Farrah, Kolb, Clemente, Sak, Wenke, Accavitti, Schuitmaker, Booher, Hansen, Sheen, Drolet, Hildenbrand, Robertson, Emmons, Proos, Pearce, Steil, Green, Jones, Walker, Newell, Gosselin, Amos, Van Regenmorter, Gaffney, Hune, Stakoe, Stewart, Vander Veen, Elsenheimer, Ward, Hummel, Palsrok, Hoogendyk, Shaffer, Palmer, McConico, Hunter, Kooiman, Pastor, Moolenaar, Stahl, Caswell, Garfield, LaJoy, Marleau, Acciavatti, Brandenburg and Taub and referred to the Committee on Commerce.

 

     A bill to amend 1964 PA 154, entitled

 

"Minimum wage law of 1964,"

 

by amending section 14 (MCL 408.394), as amended by 1998 PA 37.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 14. (1) 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.  29 USC 201 to  

 

216 and 217 to  219, unless  application of  those federal minimum

 

wage provisions would result in a lower minimum hourly wage than

 

provided in this act.  Additionally, this  Each of the following

 

applies to an employer who is subject to this act only by

 

application of this subsection:

 

     (a) Section 4a does not apply.

 


     (b) This act does not apply to an employee who is exempt from

 

the minimum wage requirements of the fair labor standards act of

 

1938, 29 USC 201 to 219.

 

     (2) This act does not apply to persons employed in summer

 

camps for not more than 4 months  ,  or to employees  with

 

disabilities who are covered  by a blanket deviation certificate or

 

other special certificate issued  under section  14(c)  14 of the

 

fair labor standards act of 1938,  chapter 676, 52 Stat. 1068, 29

 

U.S.C.  29 USC 214.  , or to

 

     (3) This act does not apply 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  has acquired sufficient data to

 

determine an adequate basis  for the establishment of  to establish

 

a scale of piecework and  shall determine such  determines a scale

 

equivalent to the prevailing minimum wage for  such  that

 

employment.  , which determination shall occur no later than May 1,

 

1967. Such  The piece rate scale shall be equivalent to the minimum

 

hourly wage in that,  when  if 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  receives an

 

amount not less than the hourly minimum wage.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2006.