Labor & Employment (Workers' Compensation)

HB 5541 modifies Michigan's worker's compensation law to change how overtime pay is counted for calculating average weekly wage for injured workers at small businesses (employers with 50 or fewer employees). Instead of counting overtime at 1.5 times the regular rate, the bill requires using the regular hourly rate for overtime hours, which lowers the average weekly wage and reduces both benefits for injured workers and employer insurance premiums. Insurers must apply the lower premium rate if this change results in a reduced cost, and the provision expires December 31, 2028. This affects small business employers, their injured employees, and worker's compensation insurers.

HB 5189 modifies Michigan's worker's compensation process for small claims. It specifies that claims under $2,000 for medical benefits only, or for a definite work period with the employee returned to work, may be referred to a small claims division. The bill prohibits attorneys in these small claims cases (requiring removal to standard hearings if attorneys are involved) and makes magistrate decisions final without appeal, except for fraud. This directly affects workers filing small compensation claims and insurance carriers handling those cases.

HB 5004 amends Michigan's unemployment benefits law to clarify the requirements for workers who leave jobs due to medical reasons. To qualify for benefits, an employee must obtain a medical professional's statement confirming that continuing work would harm their health and must have made good-faith attempts to secure alternative work or a leave of absence with their employer. Without these steps, the employee is presumed to have left work voluntarily without good cause, disqualifying them from benefits. This change directly affects Michigan workers seeking unemployment benefits after a medical leave, ensuring eligibility aligns with documented medical necessity and employer cooperation efforts.

SB 623 shortens the deadline for Michigan employees to file workplace discrimination complaints related to safety concerns. It changes the current 180-day window for filing a complaint after retaliation to 30 days. This directly affects employees who report safety issues and employers who may retaliate against them. The bill modifies the existing Michigan Occupational Safety and Health Act to require complaints be filed within 30 days of the discriminatory act, streamlining the process for addressing retaliation. The change is procedural and does not alter other protections or enforcement mechanisms under the act.