Rep. Kelly Breen

Maddy summaryHouse Bill 4448, known as the "Wrongful Discharge from Employment Act," aims to protect employees in Michigan by prohibiting employers from terminating their employment without cause. Under this bill, a discharge is considered wrongful if it's in retaliation for an employee reporting or refusing to violate public policy, is not for "just cause" after a probationary period, or violates the employer's own written policies. The bill defines "just cause" and limits employee probationary periods to a maximum of three months. Employees who believe they have been wrongfully discharged can either file a lawsuit to recover lost wages and potentially punitive damages, or file a complaint with the Department of Labor and Economic Opportunity, which will investigate and attempt to resolve the issue.

Maddy summaryHB 4442 proposes to amend Michigan's Code of Criminal Procedure. The bill aims to establish or modify sentencing guidelines specifically for crimes related to the employment of minors. It directly affects individuals convicted of such offenses by providing updated frameworks for their potential sentences. This is achieved by amending section 14b of the existing criminal procedure code.

Maddy summaryHouse Bill 4439 amends the Michigan occupational safety and health act to protect employees who refuse to work due to a reasonable belief of exposure to a communicable disease or unsafe condition. This protection applies if the employee first requested the employer to correct the issue, the issue was not corrected, and the employee reported it to the Michigan Occupational Safety and Health Administration (MIOSHA). If an employee is not reassigned under these circumstances, the employer must pay their wages for the period the condition remains uncorrected. The bill also creates a presumption of employer violation if adverse action is taken against an employee within 90 days of them engaging in these protected activities.

Maddy summaryHB 4440 proposes to create the Infectious Disease Worker Safety Commission within the Michigan Department of Labor and Economic Opportunity. This commission, comprised of representatives from labor unions, management, and health care specialists, will determine best practices for employee safety during declared infectious disease emergencies. These practices include guidelines for personal protective equipment, hand hygiene, and distancing requirements. The commission must prepare and publicly release a report of these determinations, which employers are required to post at their workplaces. If an employer fails to post the report, they cannot take disciplinary action against an employee who leaves or refuses to report to work during an infectious disease emergency.

Maddy summaryHouse Bill 4451 amends current law regarding unlawful employer practices during labor disputes. This bill prohibits employers from offering or granting permanent replacement employee status to individuals who perform work during a labor dispute. It also makes it unlawful for employers to give employment preference to individuals who worked or were willing to work during a dispute, over employees who were part of the labor dispute and have offered to return to work. This aims to protect the jobs of employees who participate in collective bargaining activities during a strike.

Maddy summaryHouse Bill 4450, titled the "respect for physical differences act," aims to prohibit employers in Michigan from discriminating against individuals based on certain physical characteristics. Specifically, it prevents employers from making hiring, firing, or other employment decisions based on an individual's body type, degree of physical fitness, appearance, or other physical traits. "Appearance" is defined to include expressions of gender, sexual orientation, or gender identity, as well as religious or ethnic hairstyles, headwear, facial hair, and clothing style. The bill allows for exceptions if a physical characteristic is a genuine occupational requirement and prohibits retaliation against individuals who report violations.

Maddy summaryHouse Bill 4454 amends Michigan law regarding collective bargaining for public employees. It allows the Michigan Employment Relations Commission to certify a labor organization as the exclusive bargaining representative for public employees. This can occur if, after a petition, investigation, and hearing, the commission determines that more than 50% of employees in an appropriate unit wish to be represented by that organization. This bill introduces an alternative path for certification, distinct from the existing requirement for a secret ballot election in certain representation disputes.

Maddy summaryHB 4452 amends Michigan law concerning labor disputes. It introduces a new provision making it an unfair labor practice for an employer to relocate, cease, or subcontract operations within one year after its employees elect a bargaining representative. This means employers would be prohibited from making these specific operational changes shortly after employees unionize. The bill also outlines the process for the labor commission to investigate, hear, and remedy such unfair labor practices.

Maddy summaryHB 4458 amends existing law concerning public employee labor relations. The bill would prohibit public employers from ceasing or subcontracting all or part of their operations within one year after their employees elect a bargaining representative. This aims to protect newly formed bargaining units from immediate operational changes by the employer. The measure directly affects public employers and their employees who have recently chosen a union or bargaining representative.

Maddy summaryHouse Bill 4446 proposes to repeal the "Local government labor regulatory limitation act" from 2015. This existing law currently places limits on the ability of local governments to regulate labor matters within their jurisdictions. By repealing this act, HB 4446 would remove those limitations, potentially allowing local governments greater authority over local labor regulations.