Michigan Paycheck Laws

Being paid for your work is a right you are owed as an employee. Your employer has certain responsibilities they have to meet towards you in terms of paying you. The Michigan “Payment of Wages and Fringe Benefits Act” enforces these obligations and protects your paycheck. If you are having issues with receiving your paycheck, you should know your rights under the law.

When Must Paychecks Be Sent Out Under Michigan Law?

As mentioned, Michigan’s law governing paycheck distribution frequency is the Payment of Wages and Fringe Benefits Act (PWFB). The PWFB Act applies to both salaried employees and hourly employees. Under the law, most employers must pay their employees on or before the first and 15th day of each month.

The only exception to bimonthly payments is if the employee harvests crops by hand, in which case the employee must be paid weekly unless otherwise specified in a written employment contract.

Employers can choose to pay their employees on a more frequent basis. Whether you are paid biweekly or weekly depends on your work contract and employer’s company work policies. These policies can usually be found in the employee handbook.

There is a special rule for payment of overtime wages. All employers in Michigan have the right to delay payment of any overtime wages earned in December by a full pay period, meaning that you may not get your additional overtime wages earned during the first pay period of December until your second payday.

What Happens to My Paycheck If I am Fired or If I Quit in Michigan?

Whether you quit or are fired, you should be given your final paycheck by the next payday unless you have been hand-harvesting crops. Any employee who harvests crops by hand must be paid by the next working day following the termination of employment.

If you have any unused vacation or sick days, you need to check with your company’s policy to see if those benefits will be paid out when you leave. These are fringe benefits, and Michigan law leaves it up to your company to decide if they will provide them and if they will pay any unused benefits upon the termination of the employment. Because of this, you will only be entitled to receive payment for any unused paid leave if your company policy or your employment contract authorizes payment.

Can My Paycheck Be Garnished Under Michigan Law?

“Wage garnishment” refers to a process by which a person’s employer can take some of an employee’s paycheck and set it aside to pay debt. This is often connected to debt, such as missing child support payments, outstanding loans, and other forms of debt. In most cases, the employer may send the funds directly to the court; sometimes, they can use a third-party agency that will transfer the money for them.

Under Maryland law, an automatic garnishment can be placed on your wages for specific debts, including back child support, defaulted student loans, and taxes. For all other types of debt, your creditor must go to court and ask for a judgment that allows them to garnish your wages. If such a judgment is issued against you, then the court can require that your employer allow money to be taken directly from your check to pay off the debt that you owe.

If you have caused damage to property or products while on the job, or if you have lost something that belongs to your employer (such as money from a cash drawer), your employer can deduct that amount from your paycheck, but only if you provide express written consent for the deduction. Additionally, the deduction cannot reduce your paycheck below minimum wage.

If your employer has taken a deduction to cover damage without first getting your permission, then you can file a complaint with the Wage and Hour Division of the Michigan Department of Licensing and Regulatory Affairs (LARA) within the 12 months following the deduction.

Can I Recover a Withheld Paycheck Under Michigan Employment Law?

The only time your employer has the right to withhold your paycheck is when you have given them written authorization. Thus, if your employer refuses to pay you what you have earned without obtaining your permission first, you have the right to get your money.

You can file a complaint with LARA’s Wage and Hour Division or file a lawsuit in court to recover your missing paycheck. However, remember that there is a 12-month statute of limitations to file a complaint for a withheld paycheck. If the complaint is not filed within 12 months of not receiving your withheld paycheck, you have lost your right to file a complaint through LARA.

If many workers have had the same problem with their paychecks, a lawsuit may be filed as a class action suit. In a class action suit, a group of people with similar complaints band together and sue the defendant as if they were one plaintiff. If the defendant loses, the defendant will have to make a single large payment to cover all owed to the whole group of people. They will then divide it up amongst the class’s members.

A class action suit can be very helpful if the amount of money you would individually sue for is relatively low – particularly if it is not high enough to be economically practical to file your lawsuit. By uniting their claims with those of their co-workers, the group members share all of the costs of bringing a lawsuit.

What Else Should I Know About Michigan’s Paycheck Laws?

Michigan does allow employers to provide compensatory time in lieu of overtime pay, but several requirements must be met before compensatory time can be given. These requirements include the employee providing written consent to receive compensatory time instead of overtime, the employer providing at least 10 days of paid leave, and the employee possessing an accrued compensatory time balance of less than 240 hours.

All Maryland employers are prohibited from discriminating against their employees based on race, sex, age, national origin, disability status, gender, pregnancy status, and medical conditions or disabilities. For example, they can’t withhold a person’s paycheck solely based on their disability or on their age. In cases where discrimination may have been an issue, it is usually necessary to file first with the Equal Employment Opportunity Commission (EEOC).

The EEOC will investigate the matter and prescribe a remedy for the employee. If the EEOC’s actions still do not provide a suitable remedy, it may then become necessary to file a private lawsuit to recover damages caused by the discrimination. This can be a complex matter and may require the assistance of a legal professional.

Where Can I Find the Right Lawyer for Issues with My Paycheck in Michigan?

You can get your paycheck on time and for the correct amount. If you are having trouble getting your paycheck, you should contact a Michigan employment lawyer. An employment lawyer can fight on your behalf for the paycheck amounts to which you are entitled. When you bring them your problem, an experienced local attorney can help you determine your next steps.

Your attorney will advise you regarding what you should collect as evidence and can help you file a complaint with the necessary agencies. Further, should you take private legal action against your employer, your attorney can initiate a civil lawsuit and represent you in court as needed.