reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 137 of 1885 - Legal Day's Work (408.401 - 408.405) › Section 408.402 - Legal Work Day; Nonspecific Contracts.

408.402 Legal work day; nonspecific contracts.
Sec. 2.
That in all contracts, engagements, or agreements to labor in any mechanical, manufacturing, or other labor calling, where such contracts or agreements are silent, or no express conditions specified, 10 hours shall constitute a day's work, and the contract or agreement shall be so construed.
History:
1885, Act 137, Eff. Sept. 19, 1885 ;-- How. 1997a-6 ;-- CL 1897, 5454 ;-- CL 1915, 5588 ;-- CL 1929, 8487 ;-- CL 1948, 408.402
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 137 of 1885 - Legal Day's Work (408.401 - 408.405) › Section 408.403 - Invalidating Provisions of Preceding Section as Misdemeanor; Penalty; Prosecution.

408.403 Invalidating provisions of preceding section as misdemeanor; penalty; prosecution.
Sec. 3.
Any individual, firm, agent of any corporation, or other employers of labor who shall take any unlawful advantage of any person or persons in their employ, or seeking employment, because of their poverty or misfortune, to invalidate any of the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $5.00, nor more than $50.00 for each offense, and it shall be the duty of the prosecuting attorney of the county in which such offense was committed, upon receiving complaint, to prosecute all such cases in the name of the people of the state of Michigan.
History:
1885, Act 137, Eff. Sept. 19, 1885 ;-- How. 1997a-7 ;-- CL 1897, 5455 ;-- CL 1915, 5589 ;-- CL 1929, 8488 ;-- CL 1948, 408.403 ;-- Am. 1990, Act 223, Imd. Eff. Oct. 8, 1990
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 137 of 1885 - Legal Day's Work (408.401 - 408.405) › Section 408.404 - Fines; Disposition.

408.404 Fines; disposition.
Sec. 4.
All fines collected for violation of this act shall be turned over to the school board, or board of education of the city or township wherein such fine may be collected, and the same shall by them be disbursed for and in benefit of the public schools.
History:
1885, Act 137, Eff. Sept. 19, 1885 ;-- How. 1997a-8 ;-- CL 1897, 5456 ;-- CL 1915, 5590 ;-- CL 1929, 8489 ;-- CL 1948, 408.404
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 137 of 1885 - Legal Day's Work (408.401 - 408.405) › Section 408.405 - Construction of Act as to Exempt Employees.

408.405 Construction of act as to exempt employees.
Sec. 5.
Nothing in this act shall be construed to apply to domestic or farm laborers, or other laborers who agree to work more than 10 hours per day.
History:
1885, Act 137, Eff. Sept. 19, 1885 ;-- How. 1997a-9 ;-- CL 1897, 5457 ;-- CL 1915, 5591 ;-- CL 1929, 8490 ;-- CL 1948, 408.405
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.411 - Short Title.

408.411 Short title.
Sec. 1.
This act shall be known and may be cited as the "workforce opportunity wage act".
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.412 - Definitions.

408.412 Definitions.
Sec. 2.
As used in this act:
(a) "Commissioner" means the director of the department of licensing and regulatory affairs.
(b) "Employ" means to engage, suffer, or permit to work.
(c) "Employee" means an individual not less than 16 years of age employed by an employer on the premises of the employer or at a fixed site designated by the employer, and includes a minor employed subject to section 15(1) of the youth employment standards act, 1978 PA 90, MCL 409.115.
(d) "Employer" means a person, firm, or corporation, including this state and its political subdivisions, agencies, and instrumentalities, and a person acting in the interest of the employer, who employs 2 or more employees at any 1 time within a calendar year. An employer is subject to this act during the remainder of that calendar year. Except as specifically provided in the franchise agreement, as between a franchisee and franchisor, the franchisee is considered the sole employer of workers for whom the franchisee provides a benefit plan or pays wages.
History:
2014, Act 138, Imd. Eff. May 27, 2014 ;-- Am. 2016, Act 19, Eff. May 23, 2016
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.413 - Applicability of Act.

408.413 Applicability of act.
Sec. 3.
An employer shall not pay any employee at a rate that is less than prescribed in this act.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.414 - Minimum Hourly Wage Rate.

408.414 Minimum hourly wage rate.
Sec. 4.
(1) Subject to the exceptions specified in this act, the minimum hourly wage rate is:
(a) Before September 1, 2014, $7.40.
(b) Beginning September 1, 2014, $8.15.
(c) Beginning January 1, 2016, $8.50.
(d) Beginning January 1, 2017, $8.90.
(e) Beginning January 1, 2018, $9.25.
(2) Every January beginning in January 2019, the state treasurer shall adjust the minimum wage by an amount determined by the state treasurer at the end of the preceding calendar year to reflect the average annual percentage change in the consumer price index for the most recent 5-year period for which data are available. As used in this subsection, "consumer price index" means the most comprehensive index of consumer prices available for the midwest region from the bureau of labor statistics of the United States department of labor. The wage and hours division of the department of licensing and regulatory affairs shall post the adjusted minimum wage on its website by February 1 of the year it is calculated, and the adjusted rate is effective beginning April 1 of that year. An annual increase under this subsection shall not exceed 3.5%.
(3) An increase in the minimum hourly wage rate as prescribed in subsection (2) does not take effect if the unemployment rate determined by the bureau of labor statistics, United States department of labor, for this state is 8.5% or greater for the year preceding the year of the prescribed increase.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.414b - Training Hourly Wage; Employee Less Than 18 Years of Age; Displacement Prohibited; Violation; Civil Fine.

408.414b Training hourly wage; employee less than 18 years of age; displacement prohibited; violation; civil fine.
Sec. 4b.
(1) An employer may pay a new employee who is less than 20 years of age a training hourly wage of $4.25 for the first 90 days of that employee's employment. The hourly wage authorized under this subsection is in lieu of the minimum hourly wage otherwise prescribed by this act.
(2) Except as provided in subsection (1), the minimum hourly wage for an employee who is less than 18 years of age is 85% of the general minimum hourly wage established in section 4.
(3) An employer shall not displace an employee to hire an individual at the hourly wage authorized under this section. As used in this subsection, "displace" includes termination of employment or any reduction of hours, wages, or employment benefits.
(4) A person who violates subsection (3) is subject to a civil fine of not more than $1,000.00.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.414c - Rates for Apprentices, Learners, and Persons With Physical or Mental Disabilities; Establishment.

408.414c Rates for apprentices, learners, and persons with physical or mental disabilities; establishment.
Sec. 4c.
On petition of a party in interest or on his or her own initiative, the commissioner shall establish a suitable scale of rates for apprentices, learners, and persons with physical or mental disabilities who are clearly unable to meet normal production standards. The rates established under this section may be less than the regular minimum wage rate for workers who are experienced and who are not disabled.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.414d - Employees Receiving Gratuities; Minimum Hourly Wage; "Gratuities" Defined.

408.414d Employees receiving gratuities; minimum hourly wage; "gratuities" defined.
Sec. 4d.
(1) Before September 1, 2014, the minimum hourly wage rate is $2.65 per hour and, beginning September 1, 2014, the minimum hourly wage rate is 38% of the minimum hourly wage rate established in section 4 if all of the following occur:
(a) The employee receives gratuities in the course of his or her employment.
(b) If the gratuities described in subdivision (a) plus the minimum hourly wage rate under this subsection do not equal or exceed the minimum hourly wage otherwise established under section 4, the employer pays any shortfall to the employee.
(c) The gratuities are proven gratuities as indicated by the employee's declaration for purposes of the federal insurance contributions act, 26 USC 3101 to 3128.
(d) The employee was informed by the employer of the provisions of this section.
(2) As used in this section, "gratuities" means tips or voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered to that guest, patron, or customer and that the employee reports to the employer for purposes of the federal insurance contributions act, 26 USC 3101 to 3128.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.416 - Rules.

408.416 Rules.
Sec. 6.
The commissioner may promulgate rules necessary for administration of this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.417 - Statement of Hours, Wages, and Deductions; Inspection; Posting of Regulations and Orders.

408.417 Statement of hours, wages, and deductions; inspection; posting of regulations and orders.
Sec. 7.
An employer who is subject to this act or any regulation or order issued under this act shall furnish each employee with a statement of the hours worked by the employee and of the wages paid to the employee, listing deductions made each pay period. The employer shall furnish the commissioner, upon demand, a sworn statement of the wage information. These records shall be open to inspection by the commissioner, his or her deputy, or any authorized agent of the department at any reasonable time. An employer subject to this act or any regulation or order issued under this act shall keep a copy of this act and regulations and orders promulgated under this act posted in a conspicuous place in the workplace that is accessible to employees. The commissioner shall furnish copies of this act and the regulations and orders to employers without charge.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.418 - Administration and Enforcement of Act; Investigating and Ascertaining Wages; Revealing Facts or Information.

408.418 Administration and enforcement of act; investigating and ascertaining wages; revealing facts or information.
Sec. 8.
The commissioner shall administer and enforce this act and, at the request of the wage deviation board, may investigate and ascertain the wages of employees of an employer subject to this act. The commissioner and the commissioner's employees shall not reveal facts or information obtained in the course of official duties, except as when required by law, to report upon or take official action or testify in proceedings regarding the affairs of an employer subject to this act.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.419 - Violation of Act by Employer; Civil Action; Fine.

408.419 Violation of act by employer; civil action; fine.
Sec. 9.
(1) If an employer violates this act, the employee affected by the violation, at any time within 3 years, may do any of the following:
(a) Bring a civil action for the recovery of the difference between the amount paid and the amount that, but for the violation, would have been paid the employee under this act and an equal additional amount as liquidated damages together with costs and reasonable attorney fees as are allowed by the court.
(b) File a claim with the commissioner who shall investigate the claim.
(2) If the commissioner determines there is reasonable cause to believe that the employer has violated this act and the commissioner is subsequently unable to obtain voluntary compliance by the employer within a reasonable period of time, the commissioner shall bring a civil action under subsection (1)(a). The commissioner may investigate and file a civil action under subsection (1)(a) on behalf of all employees of that employer who are similarly situated at the same work site and who have not brought a civil action under subsection (1)(a). A contract or agreement between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.
(3) In addition to bearing liability for civil remedies described in this section, an employer who fails to pay the minimum hourly wage in violation of this act, or who violates a provision of section 4a governing an employee's compensatory time, is subject to a civil fine of not more than $1,000.00.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.421 - Discrimination Against Employee Serving on or Testifying to Wage Deviation Board; Violation.

408.421 Discrimination against employee serving on or testifying to wage deviation board; violation.
Sec. 11.
An employer that discharges or in any other manner discriminates against an employee because the employee has served or is about to serve on the wage deviation board or has testified or is about to testify before the board, or because the employer believes that the employee may serve on the board or may testify before the board or in any investigation under this act, and any person who violates any provision of this act or of any regulation or order issued under this act, is guilty of a misdemeanor.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.422 - Discharge of Employees Within 10 Weeks of Employment; Violation.

408.422 Discharge of employees within 10 weeks of employment; violation.
Sec. 12.
Any employer that consistently discharges employees within 10 weeks of their employment and replaces the discharged employees without work stoppage is presumed to have discharged them to evade payment of the wage rates established in this act and is guilty of a misdemeanor.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.423 - Discrimination Based on Sex.

408.423 Discrimination based on sex.
Sec. 13.
(1) An employer having employees subject to this act shall not discriminate between employees within an establishment on the basis of sex by paying wages to employees in the establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs, the performance of which requires equal skill, effort, and responsibility and that is performed under similar working conditions, except if the payment is made under 1 or more of the following:
(a) A seniority system.
(b) A merit system.
(c) A system that measures earnings by quantity or quality of production.
(d) A differential based on a factor other than sex.
(2) An employer that is paying a wage differential in violation of this section shall not reduce the wage rate of an employee to comply with this section.
(3) For purposes of administration and enforcement, any amount owing to an employee that has been withheld in violation of this section is considered unpaid minimum wages under this act.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 138 of 2014 - Workforce Opportunity Wage Act (408.411 - 408.424) › Section 408.424 - Operation of Massage Establishment; Violation; Penalty.

408.424 Operation of massage establishment; violation; penalty.
Sec. 14.
An employer operating a massage establishment as defined in section 2 of former 1974 PA 251 that violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
History:
2014, Act 138, Imd. Eff. May 27, 2014
Compiler's Notes:
For transfer of powers and duties of wage deviation board as provided in workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, to the director of department of licensing and regulatory affairs, and abolishment of the wage deviation board, see E.R.O. No. 2016-3, compiled at MCL 408.431.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Repealed - Act 177 of 1893 - Railroad Employees; Day's Labor (408.441 - 408.444)

RAILROAD EMPLOYEES; DAY'S LABOR
Act 177 of 1893
408.441-408.444 Repealed. 1969, Act 289, Imd. Eff. Aug. 11, 1969.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Repealed - Act 361 of 1919 - Motorman or Conductor; Working Days (408.461 - )

MOTORMAN OR CONDUCTOR; WORKING DAYS
Act 361 of 1919
408.461, 408.462 Repealed. 1969, Act 147, Eff. Mar. 20, 1970.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.471 - Definitions.

408.471 Definitions.
Sec. 1.
As used in this act:
(a) "Department" means the department of licensing and regulatory affairs.
(b) "Employ" means to engage or permit to work.
(c) "Employee" means an individual employed by an employer.
(d) "Employer" means an individual, sole proprietorship, partnership, association, or corporation, public or private; this state or an agency of this state; a city, county, village, township, school district, or intermediate school district; an institution of higher education; or an individual acting directly or indirectly in the interest of an employer who employs 1 or more individuals. Except as specifically provided in the franchise agreement, as between a franchisee and franchisor, the franchisee is considered the sole employer of workers for whom the franchisee provides a benefit plan or pays wages.
(e) "Fringe benefits" means compensation due an employee pursuant to a written contract or written policy for holiday, time off for sickness or injury, time off for personal reasons or vacation, bonuses, authorized expenses incurred during the course of employment, and contributions made on behalf of an employee.
(f) "Wages" means all earnings of an employee whether determined on the basis of time, task, piece, commission, or other method of calculation for labor or services except those defined as fringe benefits under subdivision (e) above.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978 ;-- Am. 2016, Act 18, Eff. May 23, 2016
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.473 - Payment of Fringe Benefits; Terms.

408.473 Payment of fringe benefits; terms.
Sec. 3.
An employer shall pay fringe benefits to or on behalf of an employee in accordance with the terms set forth in the written contract or written policy.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.474 - Withholding Payment of Compensation Due as Fringe Benefit to Be Paid at Termination Date.

408.474 Withholding payment of compensation due as fringe benefit to be paid at termination date.
Sec. 4.
An employer shall not withhold a payment of compensation due an employee as a fringe benefit to be paid at a termination date unless the withholding is agreed upon by written contract or a signed statement obtained with the full and free consent of the employee without intimidation or fear of discharge for refusing to agree to the withholding of the benefit.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978 ;-- Am. 1978, Act 602, Imd. Eff. Jan. 4, 1979
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.475 - Payment of Wages to Employee Voluntarily Leaving Employment; Payment of Wages to Employee Discharged From Employment; Exception.

408.475 Payment of wages to employee voluntarily leaving employment; payment of wages to employee discharged from employment; exception.
Sec. 5.
(1) An employer shall pay to an employee voluntarily leaving employment all wages earned and due, as soon as the amount can with due diligence be determined. However, an employer shall pay all wages earned and due to an employee engaged in any phase of the hand harvesting of crops as soon as the amount can, with due diligence, be determined, but, in any event, not later than 3 days after the employee's voluntary termination of employment.
(2) An employer shall immediately pay to an employee who has been discharged from employment all wages earned and due, as soon as the amount can with due diligence be determined.
(3) This section shall not apply to an employee working under contract who either voluntary leaves employment or is discharged from employment if the amount due cannot be determined until the termination of the contract. In such cases, the employer shall pay to the employee under the provisions of section 2 all wages earned by the employee as nearly as they can be estimated. Final payment shall be made in full at the termination of the contract.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.480 - Payment of Wages and Fringe Benefits on Behalf of Deceased Employee; Discharge and Release of Employer.

408.480 Payment of wages and fringe benefits on behalf of deceased employee; discharge and release of employer.
Sec. 10.
(1) An employer shall pay fringe benefits pursuant to this section on behalf of a deceased employee as designated by the terms set forth in the written contract, written policy, or written plan.
(2) Except as provided in subsection (3), an employer shall pay the wages and fringe benefits not paid in accordance with subsection (1) due a deceased employee to 1 or more of the following persons in the priority listed:
(a) The deceased employee's surviving spouse.
(b) The deceased employee's surviving children.
(c) The deceased employee's surviving mother or father.
(d) The deceased employee's surviving sister or brother.
(3) If the employee has established a designee or designees by a signed statement filed with the employer before the employee's death and letters of administration are not required to be issued for the estate of the deceased employee, the employer shall make those payments to the designee or designees in the signed statement.
(4) Payment under this section shall be a full discharge and release of the employer from the wages and fringe benefits due and owing the deceased employee.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978 ;-- Am. 1978, Act 602, Imd. Eff. Jan. 4, 1979
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.481a - Reciprocal Agreements.

408.481a Reciprocal agreements.
Sec. 11a.
The director of the department may enter into reciprocal agreements with other states, Canada, or a Canadian province or territory for the collection of claims for wages, fringe benefits, and penalties assessed under section 18.
History:
Add. 1996, Act 215, Imd. Eff. May 28, 1996 ;-- Am. 2001, Act 170, Imd. Eff. Nov. 30, 2001
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.482 - Rules.

408.482 Rules.
Sec. 12.
The department may promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, to implement and administer this act.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
Admin Rule:
R 408.9001; R 408.9002 et seq.; and R 408.22951 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.483 - Discrimination; Complaint; Investigation; Rehiring or Reinstatement of Employee With Back Pay; Review of Determination.

408.483 Discrimination; complaint; investigation; rehiring or reinstatement of employee with back pay; review of determination.
Sec. 13.
(1) An employer shall not discharge an employee or discriminate against an employee because the employee filed a complaint, instituted or caused to be instituted a proceeding under or regulated by this act, testified or is about to testify in a proceeding, or because of the exercise by the employee on behalf of an employee or others of a right afforded by this act.
(2) An employee who believes that he or she is discharged or otherwise discriminated against by an employer in violation of this section may file a complaint with the department alleging the discrimination within 30 days after the violation occurs. Upon receipt of the complaint, the department shall cause an investigation to be made. If, upon the investigation, the department determines that this section was violated, the department shall order the rehiring or reinstatement of an employee to his or her former position with back pay.
(3) An employer may seek review of the department's determination by following the procedure provided in section 11(4) to (9).
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978 ;-- Am. 1978, Act 602, Imd. Eff. Jan. 4, 1979
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.483a - Prohibited Conduct.

408.483a Prohibited conduct.
Sec. 13a.
(1) An employer shall not do any of the following:
(a) Require as a condition of employment nondisclosure by an employee of his or her wages.
(b) Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages.
(c) Discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages.
History:
Add. 1982, Act 524, Eff. Mar. 30, 1983
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.484 - Violation as Misdemeanor.

408.484 Violation as misdemeanor.
Sec. 14.
An employer who violates this act, including failure to pay the wages and fringe benefits due an employee as provided in this act, is guilty of a misdemeanor.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.485 - Failure to Pay Wages and Fringe Benefits as Misdemeanor; Penalty.

408.485 Failure to pay wages and fringe benefits as misdemeanor; penalty.
Sec. 15.
An employer who, with intent to defraud, fails to make payment of the wages and fringe benefits due an employee as provided in this act, is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.