The Death Star Bill Has Become Law

The Death Star Bill Has Become Law

House Bill No. 4052 also known as the Death Star Bill has been passed into law. This bill’s official title is “the local government labor regulatory limitation act.” In section 2 of the bill, the main focus is explained. The focus of the bill, is that the relationship between private employers and employees can only be regulated by the State of Michigan. It is also stated that this relationship is outside the bounds of local governmental bodies. Below, each of the sections will be briefly described.

Sec 1. Names the act “local government labor regulatory limitation act.”

Sec 2. Briefly outlines that nonpublic employers relationship with their employees will be handled by the state.

Sec 3. Goes through and explains what the terms, “Educational institution,” “Employee,” “Employer,” “Local governmental body,” and “Ordinance, local policy, or local resolution” means in context of the bill.

Sec 4. A local governmental body cannot dictate what information an employer must request, require or exclude on an application. However, this does not block background checks from being required if applicant is receiving a license or permit from a local governmental body.

Sec 5. A local governmental body cannot force an employer to pay an employee a wage higher than the state minimum.

Sec 6. A local governmental body cannot force an employer requiring an employer to pay fringe benefit based on wage and fringe benefit rates prevailing in the locality. This does not apply to certain state projects.

Sec 7. A local governmental body cannot create a law that would regulate work stoppage or strike activity of employers and their employees or the way the employees organize.

Sec 8. A local governmental body shall not create a law that requires an employer to provide an employee paid or unpaid leave time.

Sec 9. Local governmental bodies cannot dictate the scheduling or regulation hours that an employer is required to provide employees. This does not prohibit laws on the limits of operation for the business.

Sec 10. Local governmental bodies cannot force employers or its employees to participate in any educational apprenticeship or training program that is not required by federal or state law.

Sec 11. Local governmental bodies cannot bring about a law requiring an employer to provide to an employee any specific fringe benefit or any other benefit for which the employer would have an expense. This includes, but it not limited sections 6 to 10.

Sec 12. For sections 6 to 11 governmental bodies cannot regulate or create administration or judicial remedies for wage, hour or benefit disputes.

Sec 13. Explains that if parts of the act conflict with the state constitution, the constitution of the United States or federal law, then the act will be implemented to the maximum effect. Any part that is invalid or inoperative can be removed from the remaining portions of the act.

Sec 14. Local governmental bodies can create policies that prohibit employment discrimination.

Sec 15. Voluntary agreements are not prohibited between local governments and employers.

Sec 16. Voluntary agreements that were in effect before October 1, 2015 are enforceable by local governments.

Finally the last part of the bill discusses how the bill does not affect pending court cases and should not be used in the reasoning for them. Additionally the act applies to any local law adopted after December 31, 2014 and that any law adopted before January 1, 2015 is invalid. Basically as stated in the first section, local governments cannot create laws for employers based on the above criteria.

Below is the link to the bill.

Click to access 2015-PA-0105.pdf

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