HOUSE BILL No. 4085


     January 31, 2001, Introduced by Reps. Zelenko, Kolb, Jacobs, Anderson, Rich Brown and Lipsey and referred to the Committee on Employment
Relations, Training and Safety.


        A bill to require meal and rest periods for certain employ-

   ees; to prescribe certain powers and duties of employers and the

   department of consumer and industry services; and to prescribe

   penalties.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1.  As used in this act:

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           (a) "Employee" means an individual employed by an employer.

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           (b) "Employer" means any of the following who employs 1 or

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      more individuals:

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           (i) An individual, sole proprietorship, partnership, associ-

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      ation, or corporation, public or private.

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           (ii) This state or agency of this state.

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           (iii) A city, county, village, township, school district,

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      intermediate school district, or a public school academy.




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           (iv) An institution of higher education.

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           (v) An individual acting directly or indirectly in the

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      interest of an employer.

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           Sec. 2.  (1) Except as provided in subsection (2), an

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      employer shall provide an employee with a rest period of not less

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      than 10 minutes for each 4-hour period, or major fraction of a

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      4-hour period, that the employee works for the employer.

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           (2) An employer may, but is not required to, comply with

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      subsection (1) if an employee's total daily work for the employer

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      is less than 3-1/2 hours.

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           (3) Unless impractical, an employer shall provide the rest

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      period prescribed under subsection (1) in the middle of each

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      4-hour work period.

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           (4) An employer shall provide each employee with a meal

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      period of not less than 30 minutes for each 5-hour period that

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      the employee works for the employer.

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           Sec. 3.  A rest period required or provided for under this

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      act shall be considered time worked for purposes of

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      compensation.

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           Sec. 4.  (1) An employer who violates this act is liable for

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      a civil fine of not more than $500.00.

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           (2) A civil fine collected under this act shall be submitted

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      to the state treasurer for deposit into the general fund.

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           Sec. 5.  The department of consumer and industry services

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      shall administer and enforce this act and, as necessary, promul-

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      gate rules for the implementation of this act in accordance with





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      the administrative procedures act of 1969, 1969 PA 306, MCL

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      24.201 to 24.328.




















































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