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HB 4438

Labor: fair employment practices; employer taking adverse employment action against an employee who raises concern over infection control; prohibit. Creates new act.

2025-2026 Regular Session Introduced by Joey Andrews and 24 co-sponsors

Prohibits employers from retaliating against employees who raise concerns about how communicable diseases are managed, with civil remedies and a 90-day filing window.

bill electronically reproduced 05/06/2025
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Bill Summary · HB 4438

Summary — HB 4438 (Introduced March 11, 2025; electronically reproduced 05/06/2025)

Purpose

HB 4438 would create a new state law prohibiting employers from retaliating against employees who raise concerns about an employer’s response to or management of communicable diseases in the workplace. The bill is designed to protect employees who criticize or report disease‑control practices — including on social media — and to provide civil remedies for retaliation.

Key definitions (selected)

  • Communicable disease: as defined in MCL 333.5101 (Public Health Code).
  • Employee: an individual who performs services for wages or other remuneration.
  • Employer: any person with 1 or more employees, including the state, political subdivisions, and agents.
  • Retaliate: includes sanctions, pay reductions, denial of promotion, termination, public demeaning/embarrassment, or any other form of intimidation.
  • Social media: platforms or websites where users communicate and share media free of charge.

Main provisions

  • Prohibition: Employers may not retaliate against an employee who criticizes or raises concerns about the employer’s response to or management of a communicable disease to any of the following:
    • the employer,
    • another employee,
    • a state department or agency,
    • a political subdivision,
    • the public (including via social media).
  • Protected activity also includes opposing violations, filing complaints under the act, and participating in related civil actions or investigations.
  • Remedies: An employee alleging a violation may bring a civil action for injunctive relief and/or damages (including actual injury, reasonable attorney fees and court costs, and punitive damages).
  • Timing and venue: Lawsuit must be filed no later than 90 days after the alleged violation. Actions may be brought in circuit court where the violation occurred or where the employer’s principal place of business is located (subject to existing judicial chapter provisions).
  • Contract and confidentiality limits:
    • A collective bargaining agreement or other contract inconsistent with the act remains controlling until it expires or is amended/renewed.
    • The act does not authorize disclosure that would undermine legally protected confidentiality.
    • Employers are not required to compensate employees for time spent participating in resulting investigations/hearings.
  • Applicability to state employees: Applies to classified state civil service employees to the extent consistent with the state constitution.

Who is affected

  • Employees of public and private employers in the state (employers with 1+ employees).
  • Employers will need to review policies and practices around disease‑control communications, social media policies, and internal discipline to avoid liability.

Procedural status and timeline (selected)

  • Filed: March 11, 2025 (introduced by Rep. Kara Hope).
  • Committee activity: Public hearings April 15 & April 29, 2025; reported favorably without amendment on April 29; committee report to Calendars April 30.
  • House calendar: Read and placed on General State Calendar May 7, 2025; laid on table subject to call May 7.
  • Companion bill: SB 1998.

Practical impact

If enacted, HB 4438 would strengthen whistleblower-style protections specifically tied to workplace communicable disease management, limit employer discipline for criticism or reporting (including social media posts), and create a short (90-day) civil enforcement window with potential for damages and attorney fees. Employers may need to update training, reporting procedures, and review confidentiality and collective bargaining interactions.

Compiled from official sources — confirm details with the bill’s official record.

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