November 9, 2004, Introduced by Senator McMANUS and referred to the Committee on Commerce and Labor.
A bill to amend 1936 (Ex Sess) PA 1, entitled
"Michigan employment security act,"
by amending section 41 (MCL 421.41).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 41. "Employer" means any of the following:
2 (1) Beginning January 1, 1969, an An employing
unit (i)
3 which that in each of 20 different calendar weeks
within a
4 calendar year, whether or not the weeks were consecutive, has or
5 had in employment 1 or more individuals irrespective of whether
6 the same individual was
employed in each week, or (ii)
by which
7 total remuneration of $1,000.00 or more for employment was paid
8 or payable within the calendar year.
9 (2) (a) Any An
individual, legal entity, or employing unit
10 which acquired the
organization, trade, or business, or 75% or
11 more of the that acquires components of a business as a
1 successor in either of the following circumstances:
2 (a) As a transferee of 10% or more of the employees, payroll,
3 trade, inventory, services, or other assets thereof, of another
4 which of a transferor that, at the time of the
acquisition, was
5 an employer subject to this act.
6 (b) Any individual,
legal entity, or employing unit
7 described as As a transferee of a transfer of business
as
8 described in section 22(c).
9 (3) Any employing
unit which having that has become an
10 employer under subdivisions
subdivision (1), (2), (4), (5),
11 (6), (7), or (9) but has not, under sections 24 and 25, ceased to
12 be an employer subject to this act.
13 (4) For the effective period of its election pursuant to
14 section 25, any other
employing unit which that has elected to
15 become fully subject to this act.
16 (5) (a) Beginning
January 1, 1978, an An
employing unit
17 which that for some portion of a day in each of 20
different
18 calendar weeks, whether or not the weeks were consecutive, in
19 either the current or the preceding calendar year, employed 10 or
20 more individuals performing agricultural service, regardless of
21 whether the individuals were employed at the same moment of time,
22 or which that,
during any calendar quarter in either the
23 current or the preceding calendar year, paid remuneration in cash
24 of $20,000.00 or more to employees performing agricultural
25 service.
26 (b) For the purposes of this subdivision, an individual who
27 is a member of a crew furnished by a crew leader to perform
1 agricultural service for any farm operator shall be treated as an
2 employee of that crew leader if the crew leader holds a valid
3 certificate of
registration under the farm labor contractor
4 registration act of
1963, 7 U.S.C. 2041 to 2055 migrant
and
5 seasonal agricultural worker protection act, 29 USC 1801 to 1872;
6 or substantially all the members of the crew operate or maintain
7 tractors, mechanized harvesting or crop-dusting equipment, or any
8 other mechanized equipment, which is provided by the crew leader;
9 and if the crew leader is not an employee of the farm operator
10 within the meaning of this act.
11 (c) For the purposes of this subdivision, in the case of an
12 individual who is furnished by a crew leader to perform
13 agricultural service for a farm operator and who is not treated
14 as an employee of the crew leader under paragraph (b), the farm
15 operator and not the crew leader shall be treated as the employer
16 of the individual, and the farm operator shall be treated as
17 having paid cash remuneration to the individual in an amount
18 equal to the amount of cash remuneration paid to the individual
19 by the crew leader,
either on his the crew leader's own behalf
20 or on behalf of the farm operator, for the agricultural service
21 performed for the farm operator.
22 (d) For the purposes of this subdivision, the term "crew
23 leader" means an individual who does all of the following:
24 (i) Furnishes individuals to perform agricultural service for
25 a farm operator.
26 (ii) Pays, either on his the crew leader's
own behalf or on
27 behalf of a farm
operator, the individuals furnished by him the
1 crew leader for the agricultural service performed by them.
2 (iii) Has not entered into a written agreement with the farm
3 operator under which the crew leader is designated as an employee
4 of the farm operator.
5 (6) Beginning January 1, 1978, an An employing
unit which
6 that paid cash remuneration of $1,000.00 or more for domestic
7 service in any calendar quarter in the current calendar year or
8 the preceding calendar year. An employing unit that is
9 determined to be an employer under this subdivision shall not be
10 considered an employer of other covered services unless it meets
11 the test of being an employer under another subdivision of this
12 section.
13 (7) Any employing unit not an employer by reason of any other
14 paragraph of this section for which services in employment are
15 performed with respect to
which such the employing unit is
16 liable for any federal tax against which credit may be taken for
17 contributions required to be paid into a state unemployment
18 compensation fund; but
services performed for such that
19 employing unit shall constitute employment for the purposes of
20 this act only to the
extent that such the services constitute
21 employment with respect
to which such federal tax is payable.
22 (8) For purposes of this section, a week which falls in 2
23 calendar years shall be
considered to fall entirely within that
24 the calendar year which
that contains the majority of days of
25 that week.
26 (9) Notwithstanding subdivision (1), after December 31, 1977,
27 an employer means any employing unit for which services are
1 performed as defined in section 42(8) or (9).
2 (10) For the purpose of determining the amount of
3 contributions due
pursuant to section 44(2) 44(3), the
4 provisions of subdivisions (5) and (6) shall first apply with
5 respect to remuneration paid after December 31, 1977, for
6 services performed after that date.
7 Enacting section 1. This amendatory act does not take
8 effect unless all of the following bills of the 92nd Legislature
9 are enacted into law:
10 (a) Senate Bill No. 1479.
11
12 (b) Senate Bill No. 1480
13
14 (c) Senate Bill No. 1481.
15
16 (d) Senate Bill No. 1482.
17