May 14, 2015, Introduced by Senators MACGREGOR, SCHMIDT, COLBECK, PROOS, BRANDENBURG, HUNE, PAVLOV, MEEKHOF and KNOLLENBERG and referred to the Committee on Michigan Competitiveness.
A bill to limit the powers of local governmental units
regarding the regulation of terms and conditions of employment
within local government boundaries for employees of nonpublic
employers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "local
government labor regulatory limitation act".
Sec. 2. The legislature finds and declares that consistent
regulation of the wages and benefits of nonpublic employees is a
matter of state concern and is outside the express or implied
authority of local units of government to regulate, absent express
delegation of that authority to the local unit of government.
Sec. 3. As used in this act:
(a) "Educational institution" means any of the following:
(i) A school district, an intermediate school district, or a
public school academy as those terms are defined in sections 4 to 6
of the revised school code, 1976 PA 451, MCL 380.4 to 380.6.
(ii) A community college established under the community
college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under
part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to
1607.
(b) "Employee" means a person employed in this state by an
employer.
(c) "Employer" means a person or entity engaging in a
commercial activity, enterprise, or business in this state, but
excludes public employers.
(d) "Local policy" does not include the terms of an agreement
voluntarily offered by a prospective purchaser or developer of
eligible property pursuant to the brownfield redevelopment
financing act, 1996 PA 381, MCL 125.2651 to 125.2672.
(e) "Local unit of government" means any local government or
its subdivision, including, but not limited to, a city, village,
township, county, or educational institution; a public authority,
agency, board, commission, or other governmental, quasi-
governmental, or quasi-public body; or a public body that acts or
purports to act in a commercial, business, economic development, or
similar capacity for a local government or its subdivision.
Sec. 4. A local unit of government shall not adopt, enforce,
or administer an ordinance, local policy, or local resolution
regulating the relationship between an employer and its employees
or potential employees if the regulation contains requirements
exceeding those imposed by state or federal law.
Sec. 5. A local unit of government shall not adopt, enforce,
or administer an ordinance, local policy, or local resolution
regulating information an employer or potential employer must
request, require, or exclude on an application for employment from
an employee or a potential employee.
Sec. 6. A local unit of government shall not adopt, enforce,
or administer an ordinance, local policy, or local resolution
requiring an employer pay to an employee a wage higher than the
state minimum hourly wage rate determined under section 4 of the
workforce opportunity wage act, 2014 PA 138, MCL 408.414, or, if
applicable to the employer, the minimum wage provisions of the fair
labor standards act of 1938, 29 USC 201 to 219, unless those
federal minimum wage provisions would result in a lower minimum
hourly wage than provided under state law.
Sec. 7. A local unit of government shall not adopt, enforce,
or administer an ordinance, local policy, or local resolution
requiring an employer pay to an employee a wage or fringe benefit
based on wage and fringe benefit rates prevailing in the locality.
This section does not apply to state projects subject to 1965 PA
166, MCL 408.551 to 408.558.
Sec. 8. A local unit of government shall not adopt, enforce,
or administer an ordinance, local policy, or local resolution
regulating work stoppage or strike activity of employers and their
employees or the means by which employees may organize.
Sec. 9. A local unit of government shall not adopt, enforce,
or administer an ordinance, local policy, or local resolution
requiring an employer provide to an employee paid or unpaid leave
time.
Sec. 10. A local unit of government shall not adopt, enforce,
or administer an ordinance, local policy, or local resolution
regulating hours and scheduling that an employer is required to
provide to employees.
Sec. 11. A local unit of government shall not adopt, enforce,
or administer an ordinance, local policy, or local resolution
requiring an employer to provide to an employee any specific fringe
benefit or any other benefit for which the employer would incur an
expense, including, but not limited to, those enumerated in
sections 7 to 10.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.