reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1057-408.1058 - Repealed. 1991, Act 105, Eff. June 17, 1994.

408.1057-408.1058 Repealed. 1991, Act 105, Eff. June 17, 1994.
Compiler's Notes:
The repealed sections pertained to asbestos abatement projects in schools.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1058a-408.1058d - Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.

408.1058a-408.1058d Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Compiler's Notes:
The repealed sections pertained to training course for employee or agent of asbestos abatement contractor.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1058e - Repealed. 1991, Act 105, Eff. June 17, 1994.

408.1058e Repealed. 1991, Act 105, Eff. June 17, 1994.
Compiler's Notes:
The repealed section pertained to asbestos abatement project records.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1058f - Repealed. 1990, Act 2, Imd. Eff. Feb. 12, 1990.

408.1058f Repealed. 1990, Act 2, Imd. Eff. Feb. 12, 1990.
Compiler's Notes:
The repealed section pertained to notice of asbestos abatement projects.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1059, 408.1059a - Repealed. 1991, Act 105, Eff. June 17, 1994.

408.1059, 408.1059a Repealed. 1991, Act 105, Eff. June 17, 1994.
Compiler's Notes:
The repealed sections pertained to required training and a course on health and safety aspects of asbestos demolition, renovation, or encapsulation.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1059b - Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.

408.1059b Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Compiler's Notes:
The repealed section pertained to penalty provisions.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1059c-408.1059e - Repealed. 1991, Act 105, Eff. June 17, 1994.

408.1059c-408.1059e Repealed. 1991, Act 105, Eff. June 17, 1994.
Compiler's Notes:
The repealed sections pertained to written materials relating to, and awareness training for, asbestos abatement projects.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1059f - Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.

408.1059f Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Compiler's Notes:
The repealed section pertained to notice of asbestos abatement projects.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1060-408.1060d - Repealed. 1991, Act 105, Eff. June 17, 1994.

408.1060-408.1060d Repealed. 1991, Act 105, Eff. June 17, 1994.
Compiler's Notes:
The repealed sections pertained to employer protections, prohibited conduct, and post-abatement procedures.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1060e, 408.1060f - Repealed. 1991, Act 105, Imd. Eff. Oct. 3, 1991.

408.1060e, 408.1060f Repealed. 1991, Act 105, Imd. Eff. Oct. 3, 1991.
Compiler's Notes:
The repealed sections pertained to repeal of MCL 408.1057 to 408.1060d and promulgation of rules.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1061 - Records and Reports of Work Illnesses and Injuries; Access to Records by Employee; Notice to Employee of Exposure and Corrective Action; Federal Requirements Not Negated.

408.1061 Records and reports of work illnesses and injuries; access to records by employee; notice to employee of exposure and corrective action; federal requirements not negated.
Sec. 61.
(1) An employer shall make, keep, and preserve accurate and timely records and reports of work illnesses and injuries and report the information to the appropriate department in a form and in accordance with rules promulgated by the departments under authority of this act for the purpose of developing information regarding the causes and prevention of occupational illnesses and injuries.
(2) An employer shall maintain accurate records of employee exposures to potentially toxic substances or harmful physical agents that are required to be monitored or measured by standards promulgated by the commissions. An employee or former employee shall have access to those records that indicate the employee's or former employee's own exposure to toxic materials or harmful physical agents.
(3) An employer shall promptly notify an employee who was or is being exposed to toxic materials or harmful physical agents in concentrations or at levels that exceed those prescribed by a rule or standard promulgated under this act, and shall inform an employee who is being exposed to those toxic materials or harmful physical agents of the corrective action being taken.
(4) This act does not negate the record keeping and reporting requirements prescribed by sections 18 and 24 of the occupational safety and health act of 1970, Public Law 91-596, 29 USC 667 and 673.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1996, Act 437, Imd. Eff. Dec. 18, 1996 ;-- Am. 2015, Act 199, Eff. Feb. 22, 2016
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1063 - Confidentiality of Trade Secrets; Protection; Rules; Orders; Information Available to Public; Identity of Employee Exempt From Disclosure.

408.1063 Confidentiality of trade secrets; protection; rules; orders; information available to public; identity of employee exempt from disclosure.
Sec. 63.
(1) Information reported to or otherwise obtained by the department of licensing and regulatory affairs in connection with an inspection, investigation, or proceeding under this act that contains or that might reveal a trade secret, including information required to be made available under sections 14a through 14l and section 24(5) and (6) shall be considered confidential. In a proceeding under this act, the director shall promulgate rules for the purpose of protecting trade secrets regarding information required to be made available under sections 14a through 14l and section 24(5) and (6), and the department, the board, or the court shall issue orders as may be appropriate to protect the confidentiality of trade secrets and to carry out the objectives of this act.
(2) Except as otherwise provided by this subsection and subsection (1), information reported to or otherwise obtained by a department from an employee in connection with an inspection, investigation, or proceeding under this act shall be made available to the public pursuant to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The identity of an employee or any information that may lead to the identification of an employee who provides information pertaining to a possible violation or violations of this act is exempt from disclosure.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980 ;-- Am. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012
Admin Rule:
R 325.3451 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1067 - Posting Requirements; Warning Labels.

408.1067 Posting requirements; warning labels.
Sec. 67.
(1) Where posting is required by this act, except for citations, the posting shall be centrally and conspicuously located with respect to all affected employees. If there is no place central to all affected employees, posting shall take place in as many locations as necessary to be normally observed by the affected employees. Where posting is necessary in other locations the posting shall be in accordance with rules promulgated by the appropriate department.
(2) A rule or standard promulgated under this act shall where appropriate prescribe the use or posting of labels or other appropriate forms of warning which are necessary to insure that employees are apprised of all hazards to which they are exposed and proper conditions and precautions of safe use or exposure, including appropriate emergency treatment. Any warning labels which may be required by a standard or rule shall be consistent with warning labels prescribed by the federal government pursuant to 29 U.S.C. sections 651 et seq.
History:
1974, Act 154, Eff. Jan. 1, 1975
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1069 - Rules; Declaratory Rulings; Effect of Standards Adopted by Reference or Continued in Effect.

408.1069 Rules; declaratory rulings; effect of standards adopted by reference or continued in effect.
Sec. 69.
(1) The director may promulgate, amend, and rescind rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, with respect to matters necessary for the administration of this act.
(2) Declaratory rulings that concern the application of occupational safety and health standards promulgated pursuant to this act to specific facts shall be made solely by the director or his or her authorized representative with respect to occupational safety standards or occupational health standards, pursuant to section 63 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.263.
(3) Any occupational safety or health standard adopted by reference pursuant to section 14, promulgated pursuant to this act, or continued in effect pursuant to sections 21(1) and 24(1) is considered to supersede any occupational safety or health standard or rule promulgated pursuant to any other law of this state. However, if another state agency has authority to promulgate standards or rules applicable to the public safety or health, the rules and standards promulgated pursuant to this act do not supersede those other agency rules or standards but have concurrent applicability with those rules and standards.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 2012, Act 416, Eff. Dec. 27, 2012
Admin Rule:
R 408.19901 et seq. and R 408.22101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1085, 408.1085a - Repealed. 2022, Act 140, Eff. July 1, 2023.

408.1085, 408.1085a Repealed. 2022, Act 140, Eff. July 1, 2023.
Compiler's Notes:
The repealed sections pertained to definition of COVID-19 and employer liability for COVID-19 exposure.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1091 - Pending Proceedings Continued.

408.1091 Pending proceedings continued.
Sec. 91.
Any proceeding pending before the department of labor or the department of health shall be continued and be conducted and determined by the appropriate department in accordance with the statutes governing the proceedings.
History:
1974, Act 154, Eff. Jan. 1, 1975
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1093 - Repeal.

408.1093 Repeal.
Sec. 93.
Act No. 285 of the Public Acts of 1909, as amended, being sections 408.51 to 408.94 of the Compiled Laws of 1970, Act No. 89 of the Public Acts of 1963, as amended, being sections 408.711 to 408.724 of the Compiled Laws of 1970, and Act No. 282 of the Public Acts of 1967, as amended, being sections 408.851 to 408.868 of the Compiled Laws of 1970, are repealed.
History:
1974, Act 154, Eff. Jan. 1, 1975
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1094 - Effective Date.

408.1094 Effective date.
Sec. 94.
(1) This act shall take effect on January 1, 1975, except as to public employers as specified in subsection (2).
(2) Standards adopted by reference pursuant to section 14 shall not be applicable to the state or political subdivisions until July 1, 1975.
History:
1974, Act 154, Eff. Jan. 1, 1975
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1101 - Definitions.

408.1101 Definitions.
Sec. 1.
As used in this act:
(a) "Commissioner" means the department of labor and economic opportunity.
(b) "Construction mechanic" means a skilled or unskilled mechanic, laborer, worker, helper, assistant, or apprentice working on a state project but shall not include executive, administrative, professional, office, or custodial employees.
(c) "Contracting agent" means any officer, school board, board or commission of the state, or a state institution supported in whole or in part by state funds, authorized to enter into a contract for a state project or to perform a state project by the direct employment of labor.
(d) "Locality" means the county, city, village, township, or school district in which the physical work on a state project is to be performed.
(e) "State project" means new construction, alteration, repair, installation, painting, decorating, completion, demolition, conditioning, reconditioning, or improvement of public buildings, schools, works, bridges, highways, or roads authorized by a contracting agent.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1102 - Contracts for State Projects; Minimum Wage Provisions; Exceptions.

408.1102 Contracts for state projects; minimum wage provisions; exceptions.
Sec. 2.
(1) Every contract executed between a contracting agent and a successful bidder as contractor and entered into pursuant to advertisement and invitation to bid for a state project which requires or involves the employment of construction mechanics, other than those subject to the jurisdiction of the state civil service commission, and which is sponsored or financed in whole or in part by the state shall contain an express term that the rates of wages and fringe benefits to be paid to each class of mechanics by the bidder and all of its subcontractors, shall be not less than the wage and fringe benefit rates prevailing in the locality in which the work is to be performed. Contracts on state projects which contain provisions requiring the payment of prevailing wages as determined by the United States Secretary of Labor pursuant to 40 USC 3141 to 3148 or which contain minimum wage schedules which are the same as prevailing wages in the locality as determined by collective bargaining agreements or understandings between bona fide organizations of construction mechanics and their employers are exempt from the provisions of this act.
(2) A contractor or subcontractor shall pay to its construction mechanics wages and fringe benefits at the rates required under an applicable contract for a state project.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1103 - Prevailing Wage and Fringe Benefit Rates; Schedule as Part of Specifications and Bid Form.

408.1103 Prevailing wage and fringe benefit rates; schedule as part of specifications and bid form.
Sec. 3.
A contracting agent, before advertising for bids on a state project, shall have the commissioner determine the prevailing rates of wages and fringe benefits for all classes of construction mechanics called for in the contract. A schedule of these rates shall be made a part of the specifications for the work to be performed and shall be printed on the bidding forms where the work is to be done by contract. If a contract is not awarded or construction undertaken within 90 days of the date of the commissioner's determination of prevailing rates of wages and fringe benefits, the commissioner shall make a redetermination before the contract is awarded.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1104 - Prevailing Wages and Fringe Benefit Rates; Establishment; Public Hearings.

408.1104 Prevailing wages and fringe benefit rates; establishment; public hearings.
Sec. 4.
The commissioner shall establish prevailing wages and fringe benefits at the same rate that prevails on projects of a similar character in the locality under collective agreements or understandings between bona fide organizations of construction mechanics and their employers. Such agreements and understandings, to meet the requirements of this section, shall not be controlled in any way by either an employee or employer organization. If the prevailing rates of wages and fringe benefits cannot reasonably and fairly be applied in any locality because no such agreements or understandings exist, the commissioner shall determine the rates and fringe benefits for the same or most similar employment in the nearest and most similar neighboring locality in which such agreements or understandings do exist. The commissioner may hold public hearings in the locality in which the work is to be performed to determine the prevailing wage and fringe benefit rates. All prevailing wage and fringe benefit rates determined under this section shall be filed with the commissioner and made available to the public.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1105 - Prevailing Wage and Fringe Benefit Rates; Posting by Contractors.

408.1105 Prevailing wage and fringe benefit rates; posting by contractors.
Sec. 5.
Every contractor and subcontractor shall keep posted on the construction site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates prescribed in a contract and shall keep an accurate record showing the name and occupation of and the actual wages and benefits paid to each construction mechanic employed by it in connection with said contract. This record shall be available for reasonable inspection by the contracting agent or the commissioner.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1106 - Prevailing Wages and Fringe Benefits; Failure to Pay, Termination of Contract; Contractor's Liability and Sureties.

408.1106 Prevailing wages and fringe benefits; failure to pay, termination of contract; contractor's liability and sureties.
Sec. 6.
The contracting agent, by written notice to the contractor and the sureties of the contractor known to the contracting agent, may terminate the contractor's right to proceed with that part of the contract, for which less than the prevailing rates of wages and fringe benefits have been or will be paid, and may proceed to complete the contract by separate agreement with another contractor or otherwise, and the original contractor and the original contractor's sureties shall be liable to the contracting agent for any excess costs occasioned thereby.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1107 - Prohibited Conduct.

408.1107 Prohibited conduct.
Sec. 7.
A contractor or subcontractor shall not discharge, discipline, retaliate against, or otherwise discriminate against a construction mechanic, or threaten to do any of these things, because the construction mechanic reported or was about to report a violation or suspected violation of this act.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1108 - Violation of Act; Penalty; Liability.

408.1108 Violation of act; penalty; liability.
Sec. 8.
(1) A person that violates this act is subject to a civil fine of not more than $5,000.00. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect the fine.
(2) A contractor and its subcontractor are jointly and severally liable for a violation of this act.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1109 - Inapplicability of Act.

408.1109 Inapplicability of act.
Sec. 9.
(1) Except as otherwise provided in subsection (2), the provisions of this act shall not apply to contracts entered into or the bids made before the effective date of this act.
(2) This act does not apply to a state project if the state project was paid for, in whole or in part, from revenue from a millage that meets both of the following conditions:
(a) The millage was authorized under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(b) The millage was authorized before the effective date of this act.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1110 - Administration and Enforcement.

408.1110 Administration and enforcement.
Sec. 10.
The commissioner has the authority to administer and enforce this act, including the authority to establish and enforce the payment of the prevailing wages and fringe benefits at the same rate that prevails on projects of a similar character in the locality under collective agreements or understandings between bona fide organizations of construction mechanics and their employers.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1111 - Failure to Comply; Liability; Civil Action; Damages.

408.1111 Failure to comply; liability; civil action; damages.
Sec. 11.
If a contracting agent does not include in the contract documents or bidding forms the requirement to pay prevailing wages and fringe benefits as required under section 2 or the schedule of prevailing wages and fringe benefits as required under section 3, the contracting agent, in addition to injunctive relief, is liable for any loss of wages and fringe benefits suffered by construction mechanics on the project as a result of the contracting agents' violation. An aggrieved construction mechanic, in addition to any other remedies provided in this act or in law, may bring a civil action in a court of competent jurisdiction against a contracting agent for the violation and may recover actual damages, interest assessed up to 10% per annum, costs, and attorney fees at trial and on appeal.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1112 - Failure to Comply With Wage, Benefits, and Nondiscrimination Nonretaliation Requirements; Court Action; Damages; Injunctive Relief.

408.1112 Failure to comply with wage, benefits, and nondiscrimination nonretaliation requirements; court action; damages; injunctive relief.
Sec. 12.
Every contract for a state project must contain an express term providing that construction mechanics are intended beneficiaries of the contractual prevailing wage, fringe benefit, and nondiscrimination nonretaliation requirements and further providing that any construction mechanic aggrieved by the failure of a contractor or subcontractor to pay prevailing wages or benefits as specified in the contract, or by a violation of section 7, in addition to any other remedies provided in this act or by law, may bring an action in a court of competent jurisdiction against the contractor or subcontractor for damages or injunctive relief and may be awarded reinstatement or other appropriate relief, and all damages sustained, together with actual costs and attorney fees at trial and on appeal.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1113 - Violation of Act; Civil Penalties.

408.1113 Violation of act; civil penalties.
Sec. 13.
(1) In addition to any other penalty provided by law, the commissioner may assess a civil penalty of not more than $5,000.00 for each violation of this act and an additional 10% penalty as determined by the commissioner.
(2) A civil penalty issued must be paid to the commissioner, made payable to the state of Michigan and credited to the State General Fund.
(3) A civil penalty owed under this act is due to the commissioner not later than 15 working days after the date the penalty is issued and not subject to further appeals.
(4) If the penalty remains unpaid beyond the period specified in subsection (3), the commissioner shall issue a letter to the employer demanding payment not later than 20 days after the date of the letter.
(5) If the penalty remains unpaid following the period specified in subsection (4), the department of treasury shall institute proceedings to collect the amount assessed as a civil penalty. The department of treasury shall offset the amount of the penalty against money owed by the state to the employer for any reason. The department of treasury shall request the attorney general recover the amount of the penalty remaining unpaid, after offsets, by instituting a civil action in a court of competent jurisdiction or in Ingham County.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1114 - Administration, Enforcement, and Investigations; Commissioner Rights; Records.

408.1114 Administration, enforcement, and investigations; commissioner rights; records.
Sec. 14.
The commissioner or the commissioner's designee shall administer and enforce this act and may investigate and ascertain wages of employees of an employer subject to this act. The commissioner or the commissioner's designee shall have the right to enter any project covered by this act during normal hours of operation of the project for the purposes of inspecting payroll records, interviewing employees, conducting wage surveys of employees, or all other actions reasonably related to the enforcement of this act. The contracting agency, contractor, or subcontractor shall provide to the commissioner or the commissioner's designee any records requested necessary to enforce this act, including certified payroll, fringe benefit information, or other information necessary to ensure compliance with this act.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1115 - Investigations or Proceedings; Powers.

408.1115 Investigations or proceedings; powers.
Sec. 15.
For the purpose of an investigation or proceeding under this act, the commissioner or the commissioner's designee may administer oaths or affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of records or other documents that the commissioner considers relevant or material to the inquiry.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1116 - Violation of Act; Filing of Complaint.

408.1116 Violation of act; filing of complaint.
Sec. 16.
An employee believing that a violation of this act has occurred, or a third party having credible information that a violation has occurred, may file a complaint with the commissioner that a violation may have occurred. Employees filing a complaint may keep their identity confidential from release to the employer upon request to the commissioner. Upon filing, the commissioner may initiate an investigation to ascertain whether a violation of the act has occurred, and may order the contracting agent, contractor, or subcontractor, or any of the foregoing parties jointly and severally to make employees' amounts determined to be owing whole.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1117 - Statute of Limitations; Complaint.

408.1117 Statute of limitations; complaint.
Sec. 17.
The commissioner must not accept or investigate complaints received more than 3 years after the date of the alleged violation or the last date on which a violation could have occurred, whichever is later.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1118 - Investigations; Right to Interview.

408.1118 Investigations; right to interview.
Sec. 18.
During the course of an investigation, the commissioner shall have the right to interview employees, supervisors, and others, in private without third parties to ascertain the wages, benefits, classification, or other information relevant to enforcement of this act.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1119 - Retaliatory Acts; Complaint; Rebuttable Presumption.

408.1119 Retaliatory acts; complaint; rebuttable presumption.
Sec. 19.
An employee who believes they have been discharged, disciplined, or otherwise experienced a detrimental change in their employment status due to filing a complaint, participating in an investigation, or having raised concerns with their payment of wages and fringe benefits covered by this act with their employer, may file a complaint with the commissioner not later than 90 days after the believed retaliatory act. There is a rebuttable presumption of retaliation if an employee was removed from the project or not provided similar overtime, work hours, or other opportunities available prior to the retaliatory action. If the commissioner determines that retaliation has occurred, the commissioner may order rehiring, reinstatement, or other equitable remedy, including full back pay or lost earnings as a result of the retaliatory act.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1120 - Final Order.

408.1120 Final order.
Sec. 20.
Unless an appeal is in process, the commissioner may enforce a final order under this act in a court of competent jurisdiction or in Ingham County.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1121 - Request for Review of Determination; Hearing.

408.1121 Request for review of determination; hearing.
Sec. 21.
(1) The employer or employee may request a review of the department's determination not later than 14 days after notification is issued. If a request for a review by the employer or employee is not received by the department within 14 days, in the absence of a showing of good cause for a late request, the department's determination is final.
(2) For the purpose of an investigation or proceeding under this act, the commissioner or an authorized representative of the commissioner may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of records or other documents that the department considers relevant or material to the inquiry.
(3) The employee, employer, and the department shall be parties to a proceeding before a hearings officer brought pursuant to this section.
(4) The commissioner shall appoint hearings officers to make determinations in proceedings brought pursuant to this section. All proceedings in a hearing shall be conducted pursuant to the procedures applicable to contested cases under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The hearings officer shall affirm, modify, or rescind the order of the department and may assess costs as provided for in this act.
(5) The hearings officer shall issue a determination, which constitutes a final disposition of the proceedings, to each party not later than 30 days after the conclusion of the hearing. The determination of the hearings officer shall become the final agency order upon receipt by the parties.
(6) A party to the proceeding may obtain judicial review of the determination of the hearings officer pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Venue for an appeal under this act shall only be in the circuit where the employee is a resident, where the employment occurred, or where the employer has a principal place of business.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1122 - Maintenance of Records; Failure to Comply; Civil Penalty.

408.1122 Maintenance of records; failure to comply; civil penalty.
Sec. 22.
Contracting agents, contractors, and subcontractors shall maintain certified payroll records and other records required under this act for a minimum of 3 years. Failure to maintain records may result in application of the applicable civil penalties provided for under this act.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1123 - Promulgation of Rules.

408.1123 Promulgation of rules.
Sec. 23.
The commissioner may promulgate rules to implement this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1124 - Exhaustion of Administrative Remedies; Unavailable as Defense.

408.1124 Exhaustion of administrative remedies; unavailable as defense.
Sec. 24.
It is not be a defense to any civil action by a construction mechanic under this act that the construction mechanic has failed to exhaust any administrative remedies before the commissioner.
History:
2023, Act 10, Eff. Feb. 13, 2024
Compiler's Notes:
In this section, the phrase "It is not be" evidently should read "It is not to be."
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1125 - Appropriation.

408.1125 Appropriation.
Sec. 25.
For the fiscal year ending September 30, 2023, $75,000.00 is appropriated from the general fund to the department of labor and economic opportunity. The appropriation under this section is designated as a work project under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, to implement and communicate information about the enactment of this act, to be accomplished by state employees or by contract with an estimated cost not exceeding $75,000.00 and an estimated completion date of December 31, 2024.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 10 of 2023 - Prevailing Wages on State Projects (408.1101 - 408.1126) › Section 408.1126 - Severability.

408.1126 Severability.
Sec. 26.
If any portion of this act is declared invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
History:
2023, Act 10, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Repealed - Act 157 of 1947 - The Hittle Juvenile Employment Act (409.1 - 409.30)

THE HITTLE JUVENILE EMPLOYMENT ACT
Act 157 of 1947
409.1-409.30 Repealed. 1978, Act 90, Eff. June 1, 1978.
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 90 of 1978 - Youth Employment Standards Act (409.101 - 409.124) › Section 409.101 - Short Title.

409.101 Short title.
Sec. 1.
This act shall be known and may be cited as the "youth employment standards act".
History:
1978, Act 90, Eff. June 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of wage hour division relative from department of licensing and regulation to department of education, see E.R.O. No. 2011-4, compiled at MCL 445.2030.
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 90 of 1978 - Youth Employment Standards Act (409.101 - 409.124) › Section 409.102 - Definitions.

409.102 Definitions.
Sec. 2.
As used in this act:
(a) "Employ" means engage, permit, or allow to work.
(b) "Employer" means a person, firm, or corporation that employs a minor, and includes the state or a political subdivision of the state, an agency or instrumentality of the state, and an agent of an employer.
(c) "Issuing officer" means the chief administrator of a school district, intermediate school district, public school academy, or nonpublic school, or a person authorized by that chief administrator in writing to act on his or her behalf.
(d) "Minor" means a person under 18 years of age.
(e) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History:
1978, Act 90, Eff. June 1, 1978 ;-- Am. 1996, Act 438, Imd. Eff. Dec. 18, 1996
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of wage hour division relative from department of licensing and regulation to department of education, see E.R.O. No. 2011-4, compiled at MCL 445.2030.
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 90 of 1978 - Youth Employment Standards Act (409.101 - 409.124) › Section 409.105 - Work Permit; Application; Examination, Approval, and Filing of Papers.

409.105 Work permit; application; examination, approval, and filing of papers.
Sec. 5.
An issuing officer shall issue a work permit on an application by the minor desiring employment and after the following papers have been examined, approved, and filed:
(a) A statement of intention to employ the minor, signed by the prospective employer or by a person authorized by the prospective employer, setting forth the general nature of the occupation in which the employer intends to employ the minor, the hours during which the minor will be employed, the wages to be paid, and other information the department of education, in cooperation with the department of labor and economic opportunity, requires.
(b) Evidence showing that the minor is of the age required by this act. Proof of age must be established by 1 of the following:
(i) A certified copy of the birth record or any other proof of age showing the place and date of birth.
(ii) A certified copy of valid operator's license issued by this state clearly showing date of birth.
(iii) The school record or the school census record.
(iv) The sworn statement of the minor's parent or guardian, together with a corroborating statement of a physician.
(v) If documentary proof as described in subparagraphs (i) to (iv) is not obtainable, the issuing officer may accept other documentation as established by department of education rules.
History:
1978, Act 90, Eff. June 1, 1978 ;-- Am. 2020, Act 323, Eff. Mar. 24, 2021
Compiler's Notes:
For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of wage hour division relative from department of licensing and regulation to department of education, see E.R.O. No. 2011-4, compiled at MCL 445.2030.
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 90 of 1978 - Youth Employment Standards Act (409.101 - 409.124) › Section 409.106 - Work Permit; Form; Color; Contents; Rules.

409.106 Work permit; form; color; contents; rules.
Sec. 6.
(1) A work permit must be issued in the form prescribed by the department of education in cooperation with the department of labor and economic opportunity and in accordance with instructions so prescribed. A work permit issued to a minor under 16 years of age must clearly indicate on the work permit that the minor is under 16 years of age. A work permit must state the name and address of the minor, the date of birth, the occupation and industry in which the minor is employed, the employer's name and address, and other information required by the department of education.
(2) The department of education shall promulgate rules prescribing standards for the issuance of work permits, which must include the following factors:
(a) Evidence of age.
(b) Standards of work as established by the department of labor and economic opportunity and federal regulation.
(c) Statutory requirements.
(3) A fee must not be charged for a work permit or other record required by this act.
History:
1978, Act 90, Eff. June 1, 1978 ;-- Am. 2020, Act 323, Eff. Mar. 24, 2021
Compiler's Notes:
For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of wage hour division relative from department of licensing and regulation to department of education, see E.R.O. No. 2011-4, compiled at MCL 445.2030.
Admin Rule:
R 340.186 et seq.; R 408.201 et seq.; R 409.1 et seq.; and R 423.401 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 409 - Youth Employment › Act 90 of 1978 - Youth Employment Standards Act (409.101 - 409.124) › Section 409.107 - Revocation of Permit; Factors; Record of Refusal, Suspension, or Revocation; Informing Minor of Appeal Process.

409.107 Revocation of permit; factors; record of refusal, suspension, or revocation; informing minor of appeal process.
Sec. 7.
(1) The issuing officer may revoke a permit based solely on the following factors:
(a) Poor school attendance, characterized by repeated erratic or unexcused absences, which results in consistent performance of school work at a level lower than that which preceded the minor's employment. The work permit shall be revoked only after the permit has been suspended. The suspension shall take place upon notice to the minor and the employer, and an opportunity to correct the deficiency is afforded. The suspension shall not exceed 30 days after date of notification.
(b) The minor's employment is in violation of federal or state law or of a regulation or rule promulgated under federal or state law, and the issuing officer is informed of the violation by the department of labor.
(2) The issuing officer shall keep a record of each refusal, suspension, or revocation and the reasons for the action. Upon revocation, the minor shall be informed of the appeal process and shall be given instructions as to the initiation of an appeal.
History:
1978, Act 90, Eff. June 1, 1978
Compiler's Notes:
For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of wage hour division relative from department of licensing and regulation to department of education, see E.R.O. No. 2011-4, compiled at MCL 445.2030.