HOUSE BILL NO. 4035

A bill to require certain employers to provide written work schedules to certain employees; to require compensation for changes to a work schedule in certain circumstances; to allow employees to request changes to work schedules; to prohibit employers from requiring employees to work during certain rest periods; to require certain notices and postings; to prohibit retaliation; to provide for the powers and duties of certain state officers and entities; to provide for the promulgation of rules; and to provide remedies and sanctions.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "employee fair scheduling act".

Sec. 3. As used in this act:

(a) "Chain" means an establishment that is part of an affiliation of 2 or more establishments in the United States that are owned by the same person and operate under an identical or substantially similar trade name or mark as those terms are defined in section 1 of 1969 PA 242, MCL 429.31.

(b) "Department" means the department of licensing and regulatory affairs.

(c) "Employee" means, subject to subdivision (d), an individual who is employed by an employer and in that employment provides services related to any of the following at a retail establishment, hospitality establishment, or food services establishment:

(i) Retail trade, as that term is used in code 44-45 of the 2012 North American Industry Classification System.

(ii) Hotels or motels, as those terms are used in code 721110 of the 2012 North American Industry Classification System.

(iii) Food services, as that term is used in code 722 of the 2012 North American Industry Classification System.

(d) "Employee" does not include any of the following:

(i) An individual engaged in administrative, executive, or professional work and to whom all of the following apply:

(A) Performs predominately intellectual, managerial, or creative tasks.

(B) Exercises discretion and independent judgment.

(C) Earns a salary and is paid on a salary basis.

(ii) An individual employed by an employer to perform services for a client of the employer if the employer's primary business is to provide clients with the temporary services of 1 or more individuals who are under contract with the employer.

(e) "Employer" means a person, including, but not limited to, a chain or integrated enterprise, that employs 100 or more individuals worldwide and is a retail establishment, hospitality establishment, or a food services establishment. The number of individuals employed by an employer must be determined based on the average number of individuals employed on each working day during each of 20 or more workweeks in the current calendar year or immediately preceding calendar year.

(f) "Food services establishment" means the fixed point of sale location for establishments defined as food services and drinking places in code 722 of the 2012 North American Industry Classification System.

(g) "Hospitality establishment" means a hotel or motel as those terms are used in code 721110 of the 2012 North American Industry Classification System, or a casino hotel as that term is used in code 721120 of the 2012 North American Industry Classification System.

(h) "Integrated enterprise" means 2 or more separate entities, 1 of which controls the operations of the others, as determined based on the following factors:

(i) The degree of interrelation between the operations of multiple entities.

(ii) The degree to which the entities share common management.

(iii) The degree to which the entities have centralized control of labor relations.

(iv) The degree of common ownership or financial control over the entities.

(v) Any other factor as determined by the department.

(i) "On-call shift" means any time that an employer requires an employee to be available to work or to contact the employer or wait to be contacted by the employer for determining if the employee must report to work, regardless of whether the employee is located on the employer's premises.

(j) "Regular rate of pay" means the regular hourly rate or hourly equivalent that an employer must pay an employee for each hour the employee works during a given work shift, including any shift differential pay. Regular rate of pay does not include any of the following:

(i) Tips.

(ii) Bonuses or other incentive payments.

(iii) Overtime, holiday pay, or any other premium rate.

(iv) Additional compensation required under section 11 or 15.

(k) "Retail establishment" means the fixed point of sale location for a retail trade establishment as that term is used in codes 441110 to 453998 of the 2012 North American Industry Classification System.

(l) "Shift differential pay" means a pay differential meant to compensate an employee for work performed under differing conditions, such as for working at night. Shift differential pay does not include any additional compensation an employer is required to pay an employee under section 11 or 15.

(m) "Successor employer" means an employer that is substantially the same entity as a predecessor employer as determined by criteria established by the department.

(n) "Time of hire" means the period after an acceptance of an offer of employment but before