HB 5982 – Summary of Key Provisions
Overview
- Purpose: Add a new section (Sec. 8a) to 1939 PA 176 to require employers to display a poster describing employee rights under the National Labor Relations Act (NLRA) and to provide a digital version to employees. The intent is to broadly educate workers about collective bargaining rights and related protections, with enforcement through civil penalties.
- Scope: Applies to employers covered by Michigan law who operate at multiple work sites; requires both physical and digital accessibility of the poster.
- Legal basis: Amends the Michigan labor statute (MCL 423.1–423.30) by adding Sec. 8a.
Key Provisions
- Display and access (Sec. 8a(1)):
- Employers must display the NLRA rights poster at each work site in a prominent location accessible to all employees.
- Employers must provide the poster to each employee in digital form via internal website or email.
- Poster content and creation (Sec. 8a(2)):
- The Department of Labor and Economic Opportunity (DLEO) must create and make available a poster describing all rights granted to employees under the NLRA (29 U.S.C. 151-169).
- Poster language: English, plus any other language requested by a labor organization or an employer.
- The DLEO may use NLBR publications and can request assistance from the National Labor Relations Board in creating the poster.
- Enforcement and penalties (Sec. 8a(3)–(4)):
- Violations trigger civil fines:
- First violation: $5,000.
- Second or subsequent violations: $10,000 per violation.
- Enforcement: The county prosecutor where the violation occurred or the Michigan Attorney General may bring the action to collect the civil fine.
- Fines collected go to the Michigan General Fund.
Who Is Affected
- Employers covered by Michigan law that operate at multiple work sites.
- Employers must ensure both physical poster display and digital accessibility for employees.
- Labor organizations and employers may request non-English language translations of the poster.
Implementation and Timeline
- Legislative history:
- Introduction: Initially introduced September 26, 2024.
- Referred to the House Committee on Labor; first reading on introduction.
- By January 22, 2025, status shows referral to the Joint Committee on Finance, Revenue and Bonding.
- Effective date: The text provided does not specify an explicit effective date; generally, enactment would follow passage and signing into law, with compliance expected after a defined effective date if one is specified in the final act.
Context and Impact
- Administrative burden: Employers will incur costs to display the poster at all work sites and distribute a digital version (and possibly obtain translations).
- Compliance focus: Aligns Michigan practice with NLRA rights visibility; creates a state-level enforcement mechanism with penalties to deter noncompliance.
- Interplay with NLRA: Poster content draws directly from federal NLRA rights (as implemented by 29 U.S.C. 151-169) and references NLRB materials for accuracy.
