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HB 4320

Labor: hours and wages; employee who files a claim alleging that an employer violated 2018 PA 337; prohibit the commissioner from disclosing the employee's name to the employer under certain circumstances. Amends sec. 9 of 2018 PA 337 (MCL 408.939).

2025-2026 Regular Session Introduced by Joey Andrews and 16 co-sponsors

HB 4320 adds a confidentiality protection: at a claimant’s request, the director must not disclose the employee’s identity to the employer, where allowed by law.

bill electronically reproduced 04/16/2025
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Bill Summary · HB 4320

Summary — HB 4320 (2025) — Amend MCL 408.939 (Improved Workforce Opportunity Wage Act)

Status: Introduced April 16, 2025 (Rep. Kelly Breen); read first time and referred to Committee on Economic Competitiveness.

Main purpose

HB 4320 would amend section 9 of the Improved Workforce Opportunity Wage Act (2018 PA 337; MCL 408.939) to add an explicit confidentiality protection for employees who file wage-and-hour claims: at the employee’s request, the director (or designee) must, to the extent allowed by law, not disclose the employee’s identity to the employer.

Key provisions

  • Preserves existing employee remedies under MCL 408.939:
    • An affected employee may, within 3 years of a violation, bring a civil action to recover unpaid wages (difference between paid and owed) plus liquidated damages equal to that difference, and recover costs and reasonable attorney fees; or
    • File a claim with the director, who shall investigate.
  • Director enforcement powers retained:
    • If the director finds reasonable cause and cannot obtain voluntary compliance, the director may bring a civil action on behalf of the employee(s).
    • The director may file actions on behalf of similarly situated employees at the same work site who have not themselves sued.
  • Civil fines:
    • Employers who fail to pay the minimum hourly wage or violate compensatory time provisions are subject to civil fines up to $1,000.
    • Employers who fail to pay minimum wage as described in section 4d(1) are subject to fines up to $2,500.
  • New confidentiality clause (the bill’s primary addition):
    • “If requested by an employee who files a claim… the director or the director’s designee shall, to the extent allowed by law, not disclose to the employer the identity of the employee.”
    • The nondisclosure is qualified by the phrase “to the extent allowed by law,” permitting disclosures where legally required (e.g., subpoena, mandatory reporting, or other legal obligations).

Who is affected

  • Employees who file claims under the Act (particularly low-wage and tipped workers) — increased ability to request anonymity when filing claims.
  • Employers — may receive less direct information about complainants in initial administrative investigations; may still be required to respond to claims and comply with investigatory or judicial processes.
  • Department staff (director or designees) — must apply confidentiality practices consistent with the new statutory direction and existing legal constraints.

Procedural / timeline notes

  • Introduced 04/16/2025; currently referred to the Committee on Economic Competitiveness.
  • The introduced text does not specify an effective date; if enacted, the bill would amend MCL 408.939 and take effect as provided in the enacted statute.

Considerations / potential impacts

  • Intended to reduce fear of employer retaliation by protecting claimant identity where possible, which could increase reporting of wage violations.
  • The “to the extent allowed by law” limitation preserves obligations to disclose when legally required but could create administrative questions about when identity must be revealed (e.g., discovery, subpoenas, due process).
  • Fiscal impacts are likely to be small/administrative (recordkeeping, handling confidentiality requests); substantive enforcement costs depend on the number of claims and prosecutions.

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

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