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Wednesday, September 16, 2026

Michigan Lawmakers Consider 16 Employment Bills - SHRM

On April 13, the Michigan House of Representatives Labor Committee heard testimony on a 16-bill package that would significantly limit when workers qualify as independent contractors, restrict the use of non-compete clauses, require employers to disclose employees' wages, and increase the civil and criminal penalties for wage violations.

The bills are just that – bills. They are not the current law in Michigan, and the House Labor Committee has not yet referred them to the entire House for consideration.

However, Democrats in the legislature and Gov. Gretchen Whitmer have proven that they will move quickly to enact their sweeping agenda. They already repealed right to work, amended the Elliott-Larsen Civil Rights Act, and passed gun legislation. Wide-ranging employment reforms could be next.

Here's a quick overview of the 16 bills and how they may change the landscape.

Independent Contractors

House Bill 4390 would define an "independent contractor" as a worker who meets all three of the following criteria:

  • The individual is free from the employer's control and direction in connection with the performance of the work.
  • The individual performs work that is outside the usual course of the employer's business.
  • The individual is customarily engaged in an independently established trade, occupation, or business of the same work performed by the individual for the employer.

This definition is almost identical to California's "ABC Test," which is largely regarded as the...



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