NFIB Michigan State Director Amanda Fisher testified today before the Michigan Senate Committee on Labor on Senate Bill 948, legislation that would severely limit employer communications with employees outside of “regular” work hours. NFIB opposes Senate Bill 948 as it is a one-size-fits-all mandate that will have an unfair impact on small businesses compared to those of large corporations.

“This legislation is just another in a long line of “one size fits all” government mandates that seeks to govern the employer-employee relationship. We are concerned that this broadly written government mandate will have a lasting negative impact on Michigan’s small businesses if passed,” said NFIB Michigan State Director Amanda Fisher. “As Senate Bill 948 is currently written, this mandate does not make sense for small businesses or how they operate, and will have unintended consequences for employees and could wind up limiting flexibility within the workplace. We urge lawmakers to reject this misguided legislation.”

NFIB highlights that the Federal Labor Standards Act (FLSA) already prohibits employers from requiring non-exempt (hourly) employees from unpaid work, including answering work emails. This legislation would severely impact those employees that are exempt who tend to be salaried and are in roles that often require irregular working hours and duties.

In her remarks, Fisher said, “This will be particularly challenging for small business owners who have smaller staff who can play integral roles in the business… While the legislation allows for an employee to have established ‘hours of availability’, that isn’t always how things operate in a small business where the owner is often serving in multiple roles.”