reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 2 - EMPLOYERS › Section R. 421.115 - Records required of employing unit

Current through Vol. 24-12, July 15, 2024
Rule 115.
(1) Each
				  employing unit having employment performed for it shall establish, maintain,
				  and preserve such records for a period of not less than 6 years after the
				  calendar year in which the remuneration to which they relate was paid or, if
				  not paid, was due. Such records shall show all of the following for each
				  worker:
(a) Name.
(b) Social security account number.
(c) Beginning and ending dates of each pay
				  period.
(d) With respect to pay
				  periods in which he performs services:
(i)
				  Hours spent performing covered services.
(ii) Hours spent performing excluded
				  services.
(e) Total
				  amount of remuneration for employment paid in any quarter.
(f) Total amount of wages, as defined in
				  section 44(2) of the act, paid in any quarter.
(g) Dates on which he was hired, rehired, or
				  returned to work after a temporary layoff, and dates separated from work and
				  reason therefor.
(h) Remuneration
				  paid for services and dates of payment, showing separately:
(i) Cash remuneration, including special
				  payments, such as bonuses and gifts.
(ii) Reasonable cash value of remuneration in
				  any medium other than cash, determined pursuant to the applicable rules of the
				  commission, including special payments, such as bonuses and gifts.
(i) Amounts paid him as allowances
				  or reimbursement for traveling or other business expenses and dates of
				  payment.
(j) The place of his
				  employment. For the purpose of this record, the place of employment shall be
				  recorded as the city or township and county in which he performs his work. The
				  place of employment of a worker who does not perform the majority of his work
				  in any 1 city or township shall be recorded as the city or township and county
				  of Michigan in which he has his base of operations; or, if he has no base of
				  operation in Michigan, as the city or township and county in Michigan from
				  which his service is directed or controlled; or, if the place from which his
				  service is directed or controlled is also outside Michigan, as the city or
				  township and county within Michigan in which he has his residence.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 2 - EMPLOYERS › Section R. 421.122 - Reimbursing employer reports and payments

Current through Vol. 24-12, July 15, 2024
Rule 122.
(1) Each
				  reimbursing employer shall submit a quarterly report of total wages and monthly
				  employment on a form provided by the agency, or by an electronic method
				  approved by the agency. The quarterly report shall be submitted on or before
				  the twenty-fifth day of the month next following the last day of each calendar
				  quarter.
(2) Upon notification from
				  the agency, multicounty employers and, as defined by the agency, multiindustry
				  employers within a county shall be required to report wage and employment
				  information for each location.
(3)
				  Each nonprofit employer that elects to be a reimbursing employer and that is
				  liable for quarterly reimbursement payments shall submit such payments within
				  30 days after the mailing date of the quarterly billing of benefit charges.
				  Payment of reimbursements may be made by any means approved by the
				  agency.
(4) Each reimbursing
				  governmental entity that is liable for reimbursement payments for a calendar
				  year shall submit such payment within 30 days after the start of its next
				  fiscal year after such calendar year. Each employer shall receive a quarterly
				  summary statement of daily charges and credits.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 2 - EMPLOYERS › Section R. 421.123 - Good cause for untimely filing of employer's quarterly contribution report

Current through Vol. 24-12, July 15, 2024
Rule 123. Good cause under section 18(d) of Act No. 1 of
					 the Extra Session of 1936, as amended, being S421.18(d) of the Michigan
					 Compiled Laws, for an employer's failure to file a quarterly contribution
					 report within 30 days after the date that the contribution rate is mailed by
					 the agency to the employer includes, but is not limited to:
(a) A deliberate and intentional failure by
				  an employee or other agent of the employer to file the contribution report or
				  reports.
(b) The death or
				  incapacity of the employer, the employer's employee, or other agent of the
				  employer that prevents the timely filing of the contribution report or
				  reports.
(c) An unavoidable absence
				  from the workplace of the employer, the employee of the employer, or other
				  agent of the employer that prevents the timely filing of the contribution
				  report. Reasons for unavoidable absence include service on jury duty or service
				  in the military of the United States or in the Michigan national
				  guard.
(d) The unavailability, due
				  to extraordinary reasons, of information needed to complete the contribution
				  report. Extraordinary reasons for the unavailability include fire, flood,
				  natural disaster, or an act of God.
(e) An employer's, employer's employee's, or
				  employer's agent's inadvertent filing, in a timely manner, of the contribution
				  report with a state or federal taxing authority other than the employment
				  security agency.
(f) The failure of
				  a business or governmental agency entrusted with the delivery of mail to
				  deliver the determination of the contribution rate to the employer within a
				  reasonable period or to deliver the employer's completed quarterly contribution
				  report to the employment security agency within a reasonable period.
(g) The failure of a predecessor employer to
				  file 1 or more quarterly contribution reports in a timely manner which results
				  in a higher contribution rate or a penalty, or both, for the successor employer
				  and, within 1 year from the date of mailing the determination of the
				  contribution rate to the successor, either the successor employer files, with
				  the employment security agency, a copy of the missing report or reports signed
				  by the predecessor employer or the authorized agent of the predecessor employer
				  or else an auditor of the employment security agency prepares and files the
				  report or reports based on the records of the predecessor employer.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 2 - EMPLOYERS › Section R. 421.162 - Charges and credits to employer accounts

Current through Vol. 24-12, July 15, 2024
Rule 162.
(1) If
				  benefits are chargeable to an employer, then the agency shall notify the
				  employer with respect to the employer's account as follows:
(a) When a benefit check is issued to an
				  individual, the agency shall mail, to the employer whose account is charged
				  with such benefits, a listing or facsimile of weekly charges and credits to the
				  employer's account resulting from the issuance of the check. The listing shall
				  show all of the following information:
(i) The
				  name and social security account number of the payee.
(ii) The amount paid.
(iii) The date of issuance.
(iv) The calendar week or period for which
				  benefits have been paid.
(v) The
				  designation of the employer.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 2 - EMPLOYERS › Section R. 421.184 - Employer elections to cover multistate workers

Current through Vol. 24-12, July 15, 2024
Rule 184.
(1) The
				  following rules shall govern the Michigan employment security commission in its
				  administrative cooperation with other states subscribing to the interstate
				  reciprocal coverage arrangement, hereinafter referred to as "the
				  arrangement."
(2) As used in this
				  rule, unless the context clearly indicates otherwise:
(a) "Agency" means any officer, board,
				  commission, or other authority charged with the administration of the
				  unemployment compensation law of a participating jurisdiction.
(b) "Interested jurisdiction" means any
				  participating jurisdiction to which an election submitted under this rule is
				  sent for its approval; and "interested agency" means the agency of such
				  jurisdiction.
(c) "Jurisdiction"
				  means any state of the United States or, with respect to the federal
				  government, the coverage of any federal unemployment compensation
				  law.
(d) "Participating
				  jurisdiction" means a jurisdiction whose administrative agency has subscribed
				  to the arrangement and whose adherence thereto has not terminated.
(e) "Services customarily performed by an
				  individual in more than 1 jurisdiction" means services performed in more than 1
				  jurisdiction during a reasonable period, if the nature of the services gives
				  reasonable assurance that they will continue to be performed in more than 1
				  jurisdiction, or if such services are required or expected to be performed in
				  more than 1 jurisdiction under the election.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.201 - "Interested party" defined

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1) The
				  term "interested party," as used in the act or these rules, means anyone whose
				  statutory rights or obligations might be affected by the outcome or disposition
				  of the determination, redetermination, or decision. A claimant for unemployment
				  benefits is not an interested party to a redetermination of charges or to an
				  appeal relating to a redetermination of charges. An interested party has all of
				  the following rights:
(a) The right to receive
				  a copy of the notice of determination or redetermination.
(b) The right to request a reconsideration of
				  the determination or redetermination.
(c) The right to appeal to a referee or the
				  board of review in the manner provided in the act.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.204 - Unemployment compensation notice to employee

Current through Vol. 24-12, July 15, 2024
Rule 204.
(1) An
				  employer, other than an employer filing claims on behalf of workers in
				  accordance with Rule r 421.210, shall provide each worker at the time of the
				  worker's separation from employment a copy of form UA 1711, unemployment
				  compensation notice to employee. However, this requirement is satisfied if the
				  employer previously delivered a copy of the form to the worker, or if the
				  employer has by any other method provided the worker an equivalent written
				  statement notifying the worker of both of the following:
(a) If the worker loses form UA 1711 or the
				  equivalent written notice from the employer, the worker may obtain a duplicate
				  from a designated office in the establishment.
(b) The worker should have form UA 1711 or
				  the equivalent written notice from the employer available for reference when
				  filing a claim.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.205 - Notification to employing unit of filing of claim; request for wage and separation information from employing unit; notification of commission of possible disqualification or ineligibility of claimant; "respond" defined

Current through Vol. 24-12, July 15, 2024
Rule 205.
(1) If
				  an individual files a new claim for benefits, then the agency shall notify all
				  of the individual's base period employers and employing units, the separating
				  employer, and the individual's employers and employing units during the
				  calendar quarter containing the Sunday of the week in which the new claim is
				  effective, of all of the following:
(a) The
				  filing of the claim.
(b) The wages
				  on record, as to the claimant, in the agency's wage database, or the wages
				  reported by the claimant if there are no wages on record in the wage
				  database.
(c) The reason for
				  separation reported by the claimant.
(d) The claimant's weekly benefit
				  amount.
(e) The maximum benefit
				  amount that may be charged to each employer's account.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.208 - Registering for work

Current through Vol. 24-12, July 15, 2024
Rule 208.
(1) To
				  comply with the registration requirements of section 28(1)(a) of 1936 PA 1, MCL
				  421.28(1)(a), a claimant shall register for work as instructed by the agency
				  and fully and accurately supply information as to the claimant's past work
				  experience and training and other personal data as may be necessary to assure
				  that the claimant is considered for referral to any available suitable
				  work.
(2) If a claimant indicates
				  on the application for benefits that he or she expects to return to his or her
				  separating or previous employer within 120 days, and if the agency finds the
				  claimant to be job-attached or finds that the claimant is not an appropriate
				  candidate for full employment services, then the claimant's application for
				  benefits shall be used as the claimant's registration for work.
(3) If, in registering for work under subrule
				  (1) of this rule, a claimant indicates that he or she is unwilling to be
				  referred to or notified of work that the claimant is qualified to perform
				  because of past experience or training and that is generally similar to work
				  for which the claimant has received wages, then the agency shall make a
				  determination as to the claimant's availability for suitable work.
(4) A laid off individual is not required to
				  register for work if registering is waived by the agency upon receipt of
				  written notification by the individual's employer that the layoff is temporary
				  and that work is expected to be available within 45 calendar days following the
				  last day the individual worked. A waiver is effective if the notification from
				  the employer has been received by the agency before the individual has
				  certified for his or her first compensable week following the layoff.
(5) An individual who is required to register
				  for work to be eligible for unemployment benefits and who, with good cause,
				  fails to do so, shall not be ineligible for benefits for the weeks for which
				  the individual failed to register. "Good cause" for failure to register shall
				  include, but not be limited to, either of the following:
(a) Misinformation provided by the agency or
				  failure to provide access to the means of registration by the agency or
				  designated entity.
(b) A reason
				  described in rule
				  R 421.210(2) of the
				  Michigan Administrative Code.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.209 - Effect of religious convictions on Sabbath day work

Current through Vol. 24-12, July 15, 2024
Rule 209. An individual shall not be deemed unavailable for
					 work solely because, due to the precepts of his or her religion, the individual
					 limits himself or herself to jobs not requiring work on his or her Sabbath. An
					 individual who refuses to work on the Sabbath designated by his or her
					 religion, or who is discharged from work or voluntarily leaves work, solely
					 because of conscientious observance of the Sabbath as a matter of religious
					 conviction shall not, for that reason, be disqualified from receiving
					 unemployment benefits.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.211 - Benefit year beginning date

Current through Vol. 24-12, July 15, 2024
Rule 211.
(1) The
				  benefit year for an individual who does not have a benefit year established and
				  who meets the requirements of section 46 of the act shall begin with the
				  beginning of the week containing the effective date of the new claim as
				  determined pursuant to the provisions of
				  R 421.210.
(2) An individual who has established a
				  benefit year, but has not received a benefit check for a compensable period
				  during such benefit year, may request a redetermination of benefit rights and
				  cancellation of the established benefit year and may file a new claim to
				  establish a new benefit year, the beginning date of which shall be determined
				  pursuant to subrule (1) of this rule.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.212 - Leaving an employer in response to a recall by a former employer or to accept full-time work with another employer

Current through Vol. 24-12, July 15, 2024
Rule 212.
(1) If
				  an individual who is currently employed at the time of accepting a recall to
				  work for a former employer or accepting permanent full-time work with another
				  employer continues to work concurrently with both employers for a reasonable
				  length of time, not to exceed 10 working days, then wages earned with the
				  employer for whom the individual was working at the time of recall or
				  acceptance of other work are subject to transfer to the recalling or new
				  employer under section 29(5) of the act.
(2) Wages transferred to a recalling employer
				  or an employer with whom an individual has accepted work and performed services
				  under section 29(5) of the act are subject to reduction under section 29(4) of
				  the act in the event of a subsequent disqualifying act with the recalling
				  employer or employer with whom an individual has accepted work.
(3) Section 29(5) of the act shall be
				  applicable in situations where it is necessary for an individual to leave his
				  current work as a condition of referral through a union hiring hall, if the
				  individual has received an assurance from an authorized official of the union
				  hiring hall that there is permanent full-time work available for that
				  individual with a specific employer and the individual performs services for
				  the new employer within 5 calendar days of the day of separation from the
				  former employer.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.243 - Payment of benefits to interstate claimants

Current through Vol. 24-12, July 15, 2024
Rule 243.
(1) This
				  rule shall govern the Michigan employment security commission in its
				  administrative cooperation with other states and the Dominion of Canada for the
				  payment of benefits to interstate claimants.
(2) As used in this rule, unless the context
				  clearly requires otherwise:
(a) "Agent state"
				  means any state in which an individual files a claim for benefits against
				  another state or states.
(b)
				  "Benefits" means the compensation payable to an individual with respect to his
				  unemployment under the unemployment insurance law of any state.
(c) "Interstate benefit payment plan" means
				  the plan under which benefits are payable to unemployed individuals absent from
				  the state or states in which benefit credits have been accumulated.
(d) "Interstate claimant" means an individual
				  who claims benefits under the unemployment insurance law of 1 or more liable
				  states through the facilities of an agent state. The term "interstate claimant"
				  shall not include any individual who customarily commutes from a residence in
				  an agent state to work in a liable state, unless the Michigan employment
				  security commission finds that this exclusion would create undue hardship on
				  such claimants in specified areas.
(e) "Liable state" means any state or states
				  against which an individual files a claim for benefits through another
				  state.
(f) "State" includes any
				  state as defined in the Michigan employment security act.
(g) "Week of unemployment" includes any week
				  of unemployment as defined in the law of the liable state from which benefits
				  with respect to such week are claimed.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.251 - Labor dispute

Current through Vol. 24-12, July 15, 2024
Rule 251.
(1) When
				  an employer believes that the unemployment of any of its workers in Michigan is
				  due to a labor dispute in any establishment operated by such employer within
				  the United States, or is due to shutdown operations caused by such labor
				  dispute, the employer shall file, within five business days from the time the
				  unemployment begins, a written statement with the Michigan Employment Security
				  Commission, 7310 Woodward Avenue, Detroit, Michigan 48202, or with any branch
				  office of the commission, setting forth all of the following information:
(a) That there is unemployment in Michigan
				  due to a labor dispute or to shutdown operations caused by such labor
				  dispute.
(b) The location of the
				  plant or plants and division or divisions operated by the employing unit within
				  the United States in which the labor dispute or shutdown operations occurred
				  which caused such unemployment.
(c)
				  The location of any other plant or plants and division or divisions operated by
				  the employing unit in the state of Michigan in which there is no labor dispute,
				  but in which there is unemployment due to the labor dispute or to shutdown
				  operations caused by such labor dispute.
(d) A statement of the principal issues
				  involved. If any of the information specified in subdivisions (a) to (d) of
				  this subrule is not available for inclusion in the written statement required
				  within five business days, a supplemental statement incorporating such
				  information shall be filed as soon as the information is available.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.254 - Value of lost remuneration

Current through Vol. 24-12, July 15, 2024
Rule 254. If the value of lost remuneration is unknown, it
					 shall be computed in the following manner:
(a) The total earnings of the worker with the
				  employer (or employing unit) during the calendar week covered by the claim,
				  exclusive of earnings for overtime work, shall be divided by the total number
				  of hours, exclusive of overtime hours, worked during the calendar week. The
				  value of the lost remuneration shall be the result obtained by multiplying the
				  hourly rate so arrived at by the number of hours lost during such calendar week
				  for any reason other than the failure of the employer to furnish full-time
				  employment.
(b) In the absence of
				  any circumstances to the contrary, a work week of 40 hours shall be deemed to
				  be a normal week for the purposes of this rule.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.269 - Method of requesting reconsideration or redetermination

Current through Vol. 24-12, July 15, 2024
Rule 269. A request for reconsideration or redetermination
					 of a determination shall be either in writing or in another form approved by
					 the agency. The request is considered filed upon receipt by the agency, using a
					 delivery method approved by the agency and detailed in the document being
					 protested or appealed.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.270 - Good cause for reconsideration and reopening

Current through Vol. 24-12, July 15, 2024
Rule 270.
(1) In
				  determining if good cause exists under sections 32a, 33, and 34 of the act,
				  after the 30-day protest or appeal period has expired, for reconsideration of
				  any prior determination or redetermination or for reopening and review, good
				  cause shall include, but not limited to, any of the following situations:
(a) If an interested party has newly
				  discovered material facts which, through no fault of the party, were not
				  available to the party at the time of the determination, redetermination,
				  order, or decision. However, a request for reconsideration of a determination
				  or redetermination or for reopening a decision or order made after the
				  expiration of the statutory 30-day period solely for the purpose of evading or
				  avoiding such statutory period is not for good cause.
(b) If the agency has additional or corrected
				  information.
(c) If an
				  administrative clerical error is discovered in connection with a determination,
				  redetermination, order, or decision.
(d) If an interested party has a legitimate
				  inability to act sooner.
(e) If an
				  interested party fails to receive a reasonable and timely notice, order, or
				  decision.
(f) If an interested
				  party is prevented from acting sooner due to an untimely delivery of a protest,
				  appeal, or agency document by a business or governmental agency entrusted with
				  delivery of mail.
(g) If an
				  interested party has been misled by incorrect information from the agency, the
				  office of appeals, or the board of review.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.302 - Vacation pay

Current through Vol. 24-12, July 15, 2024
Rule 302. When an employer is entitled to designate,
					 pursuant to section 48 of the Michigan employment security act, vacation pay to
					 a period of layoff, forced vacation, or other separation, the employer shall
					 either deliver to the affected employee and to the employee's bargaining
					 representative, if any, on or before the employee's last day of work, written
					 notice of such designation stating that such designation may render the
					 employee ineligible for unemployment benefits during the designated period or
					 shall post such notice conspicuously in easily accessible places frequented by
					 employees and deliver a copy thereof to the employee's bargaining
					 representative, if any. However, as to an individual laid off prior to the time
					 of designation, posting of the notice shall not substitute for the requirement
					 of delivery of the notice to such individual by mail.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Security for Reimbursement Financing of Unemployment Insurance Costs › Section R. 421.601 - Newly liable nonprofit employer electing reimbursement payments; security

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) A newly
				liable nonprofit employer that elects, on and after December 21, 1989, to make
				reimbursement payments pursuant to the provisions of section 13a of Act No. 1
				of the Public Acts of the Extra Session of 1936, as amended, being S421.13a of
				the Michigan Compiled Laws, shall provide the required security for the
				first-year security that is required pursuant to the provisions of section
				13a(4) of Act No. 1 of the Public Acts of the Extra Session of 1936, as
				amended, being S421.13a(4) of the Michigan Compiled Laws, and for the 2
				consecutive succeeding calendar years. Thereafter, the security shall be
				renewed for 2-year periods for as long as the nonprofit organization retains
				reimbursement status. A nonprofit employer that seeks to renew a security and
				thereby retain reimbursement status shall do so by November 30 of the year
				before the year for which the security is required.
(2) The security shall be in the form of a
				surety bond, irrevocable letter of credit, or other banking device which is
				acceptable to the employment security commission and which provides for payment
				to the commission, on demand, of an amount equal to the security required to be
				posted. The required security may be posted by a third-party
				guarantor.
(3) This rule shall not
				apply to a newly liable nonprofit employer that is expected to pay less than
				$100,000.00 or less in total wages per calendar year. However, a nonprofit
				employer that elects reimbursement status on or after December 21, 1989, shall
				be required to provide security when payment of gross wages in a calendar year
				reaches exceeds $100,000.00. It is the employer's duty to notify the
				commission, within 60 days, that its payroll has reached exceeds $100,000.00
				per year. The security shall be posted within 30 days of notice of such
				requirement by the commission.
(4)
				For newly liable employers, the amount of security that is required shall be
				4.0% of the employer's estimated total annual wage payments, as determined by
				the commission. Employers that have a previous payroll history shall be
				required to file a security that is equal to 4.0% of the total annual wage
				payments for the 12-month period ended June 30 of the year before the year the
				security is required or 4.0% of the estimated total annual wage payments,
				whichever is greater.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Security for Reimbursement Financing of Unemployment Insurance Costs › Section R. 421.602 - Nonprofit employer liable before December 21, 1989, electing reimbursement payments; security

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A
				nonprofit employer that was liable before December 21, 1989, and that elects
				the reimbursement method of financing on or after December 21, 1989, shall be
				required to post a security for the year of election and the succeeding year.
				Thereafter, the security shall be renewed for 2-year periods. A nonprofit
				employer that seeks to renew a security and thereby retain reimbursement status
				by posting a security shall do so by November 30 of the year before the year
				for which the security is renewed.
(2) The security shall be in the form of a
				surety bond, irrevocable letter of credit, or other banking device which is
				acceptable to the commission and which provides for payment to the commission,
				on demand, of an amount equal to the security that is required to be posted.
				The required security may be posted by a third-party guarantor.
(3) This rule shall not apply to a nonprofit
				employer that is expected to have less than $100,000.00 or less per calendar
				year in total wage payments, as determined by the commission. However, a
				nonprofit employer that elects reimbursement status on or after December 21,
				1989, shall be required to provide security when the payment of gross wages in
				a calendar year reaches exceeds $100,000.00. It is the employer's duty to
				notify the commission, within 60 days, that its payroll has reached exceeds
				$100,000.00 per year. The security shall be posted within 30 days of notice of
				such requirement by the commission.
(4) The amount of security that is required
				shall be 4.0% of the employer's estimated total annual wage payments, as
				determined by the commission. Employers that have a previous wage payment
				history shall be required to file a security that is equal to 4.0% of the gross
				wages paid for the 12-month period ended June 30 of the year before the year
				the security is required or 4.0% of the estimated total annual wages, whichever
				is greater.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Security for Reimbursement Financing of Unemployment Insurance Costs › Section R. 421.603 - Effect of delinquent payment of reimbursement charges

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) If a
				nonprofit employer, regardless of the size of payroll or the date of election
				to become reimbursing, that was exempted from a security requirement becomes
				delinquent in paying its reimbursement charges for any 2 consecutive calendar
				quarters, the commission shall, pursuant to the provisions of section 13d of
				Act No. 1 of the Public Acts of the Extra Session of 1936, as amended, being
				S421.13d of the Michigan Compiled Laws, require the employer to execute and
				file a surety bond, irrevocable letter of credit, or other banking device which
				is acceptable to the commission and which provides for payment to the
				commission, on demand, of an amount equal to the security that is required to
				be posted. This rule shall apply even if the reimbursement charges have been
				protested by the employer. The security requirement may be posted by a
				third-party guarantor.
(2) For the
				purpose of this rule, an employer shall be considered delinquent if a billed
				amount is not paid within 30 days of the due date of billing for benefit
				charges. If the billed amount due is for benefit charges that have been
				protested by an employer and are under appeal, the employer shall pay the
				benefit charges in a timely manner, under protest, to avoid the security
				requirement. If the employer has a delinquency that is more than the amount of
				the security required, the employer shall be required to pay the delinquency in
				full and post the security, even if the benefit charges have been protested and
				are under appeal, or the employer's status as a reimbursing employer shall be
				terminated for the next calendar year. The security shall be filed within 30
				days of notice to the employer of the requirement to file a security and shall
				be posted for the remainder of any calendar year plus the 2 subsequent calendar
				years.
(3) The amount of security
				that is required shall be equal to 4.0% of the employer's total gross wage
				payments for the 12-month period ending on the most recent June 30 or 4.0% of
				the employer's anticipated gross wage payments for the current year, whichever
				is greater. If wage information is not available, the commission shall estimate
				the payroll based on the information available. The security, once filed, shall
				remain in effect for the remainder of the first year it is required plus the 2
				consecutive succeeding calendar years, at which time it will be subject to
				renewal for additional 2-year periods at the commission's discretion. If the
				required renewal security is not provided by November 30 of the year before the
				year for which it is required, the employer's reimbursement status shall be
				terminated.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Security for Reimbursement Financing of Unemployment Insurance Costs › Section R. 421.604 - Effect of failure to comply with rules

Current through Vol. 24-12, July 15, 2024
Rule 4. Failure to comply with the security requirements of
				  R 421.601 to
				  R 421.603 shall result in the denial
				  of election of reimbursement status or shall result in termination, by the
				  commission, of the employer's existing reimbursement status.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Security for Reimbursement Financing of Unemployment Insurance Costs › Section R. 421.605 - Effect of reimbursement payment delinquency

Current through Vol. 24-12, July 15, 2024
Rule 5. If a reimbursing employer complies with the security
				  requirement of
				  R 421.601 to
				  R 421.603, but is delinquent in
				  making reimbursement payments for 2 consecutive quarters after the imposition
				  of the security requirement, or if the delinquency is at any time more than the
				  amount of security required, the commission shall terminate the employer's
				  reimbursement status as of the beginning of the next calendar year. For the
				  purpose of termination of reimbursing status, an employer shall be considered
				  delinquent if a billed amount is not paid within 30 days of the due date of a
				  charge or billing. If the billed amount due is for benefit charges that have
				  been protested by an employer and are under appeal, the employer shall pay the
				  benefit charges, under protest, to avoid termination as a reimbursing
				  employer.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Security for Reimbursement Financing of Unemployment Insurance Costs › Section R. 421.606 - Implementation of rules

Current through Vol. 24-12, July 15, 2024
Rule 6. The director of the bureau of unemployment insurance
				  of the employment security commission, or an individual designated by the
				  director of the bureau of unemployment insurance, shall be responsible for
				  implementing these rules.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 1 - GENERAL PROVISIONS › Section R. 408.701 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
As used in these rules:
(a) "Act" means the improved workforce
				  opportunity wage act, 2018 PA 337, MCL 408.931 to 408.945.
(b) "Administrative capacity" means an
				  employee to whom all of the following apply:
(i) Compensation is on a salary basis at no
				  less than the federal standard salary level per week for overtime exempt
				  employees.
(ii) The employee's
				  primary duty is the performance of office or non-manual work directly related
				  to the management or general business operations of the employer.
(iii) The employee uses discretion and
				  independent judgment in matters of significance.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 1 - GENERAL PROVISIONS › Section R. 408.702 - Records

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An
				  employer shall keep employment records for each employee showing all of the
				  following:
(a) Name.
(b) Home address.
(c) Date of birth.
(d) Occupation in which employed.
(e) Total daily hours worked, showing the
				  starting and ending times each day, computed to the nearest tenth of an hour,
				  or other finer measure.
(f) Total
				  hours worked in each pay period.
(g) Total hours worked in each work period
				  when the work period does not coincide with the pay period.
(h) Total hourly, daily, or weekly basic
				  wage.
(i) Total wages paid each pay
				  period.
(j) Itemization of all
				  deductions made each pay period.
(k) Itemization of tips received in each pay
				  period.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 1 - GENERAL PROVISIONS › Section R. 408.706 - Complaint; filing date; time limitation

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				  complaint shall be considered filed with the department as of the date it is
				  received by the department.
(2) A
				  claim must be filed with the department within 3 years of the date of the
				  alleged violation.
(3) As used in
				  this rule, "claim" means a form or other written statement received by the
				  department from an employee, for work performed in Michigan, that provides the
				  name and address of the claimant, name and address of the employer, date or
				  dates the alleged violation occurred, and an estimate of the amount of minimum
				  wages or overtime wages, or both, alleged due.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 1 - GENERAL PROVISIONS › Section R. 408.711 - Scale of piecework for harvesting fruits and vegetables

Current through Vol. 24-12, July 15, 2024
Rule 11.
The scale of piecework applicable to the harvesting of
					 fruits and vegetables is to be at least equivalent to the minimum hourly wage
					 rate.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 2 - OVERTIME COMPENSATION › Section R. 408.721 - Determining workweek for overtime compensation

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) An
				  employer shall establish an employee's workweek and shall indicate the
				  beginning time and day of the workweek in the employment record for the
				  employee.
(2) Once the beginning
				  time of an employee's workweek is established, it remains fixed and may be
				  changed only if the change is intended to be permanent and is not designed to
				  evade the overtime requirements of the act.
(3) Each workweek stands alone. Averaging of
				  hours over 2 or more weeks is prohibited, regardless of whether the employee
				  works on a standard or swing shift schedule and regardless of whether the
				  employee is paid on an hourly, daily, weekly, biweekly, monthly, piecework,
				  commission or other basis, except as otherwise provided by law.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 2 - OVERTIME COMPENSATION › Section R. 408.722 - Work period

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) An
				  employer shall establish an employee's work period and shall indicate the
				  beginning and ending time and date of the work period in the employment record
				  for the employee.
(2) The work
				  period need not coincide with the pay period.
(3) The beginning and ending date of a work
				  period shall not be changed, regardless of the number of hours worked within
				  the period, unless the change is intended to be permanent and is not designed
				  to evade the overtime requirements of the act.
(4) An employer may have different work
				  periods for different employees.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 2 - OVERTIME COMPENSATION › Section R. 408.723 - Computing regular rate of pay for overtime compensation

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) If an
				  employee is paid on an hourly rate plus commission or salary plus commission,
				  then the salary and commission shall be considered as gross earnings for the
				  workweek, and the regular rate is obtained by dividing the sum by the number of
				  hours for which the salary was paid.
(2) If an employee is paid on a piece-rate
				  basis, then the regular rate of pay is computed by adding together the total
				  earnings of the workweek from piece rates and all other earnings and any sums
				  paid for other hours worked. This sum total is divided by the number of hours
				  worked in that week to yield the pieceworker's regular rate for that
				  week.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 2 - OVERTIME COMPENSATION › Section R. 408.728 - Amusement and recreational establishments exempt from overtime provisions

Current through Vol. 24-12, July 15, 2024
Rule 28.
(1) An
				  employer's business shall be considered an amusement or recreational
				  establishment if it complies with all of the following provisions:
(a) It is open for the general public at a
				  fixed site.
(b) It is open
				  primarily to provide leisure activities for those who attend.
(c) It does not operate for more than 7
				  months in a calendar year.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 2 - OVERTIME COMPENSATION › Section R. 408.729 - Employees of an amusement or recreational establishment

Current through Vol. 24-12, July 15, 2024
Rule 29.
(1)
				  Employees of a central office or warehouse or office which services an
				  amusement or recreational establishment shall not be considered employed by the
				  amusement or recreational establishment.
(2) An employee whose duties are divided
				  between working for an amusement or recreational establishment and a nonexempt
				  business owned by the same employer shall not be exempt from the overtime
				  provisions of the act for any workweek in which work performed at the nonexempt
				  business exceeds 20% of the hours worked.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 2 - OVERTIME COMPENSATION › Section R. 408.730 - Employment in agriculture

Current through Vol. 24-12, July 15, 2024
Rule 30.
(1) An
				  employee shall not be considered employed in agriculture for any workweek in
				  which nonagricultural work exceeds 20% of the hours worked in the
				  workweek.
(2) An employee of an
				  establishment which produces agricultural commodities and sells such
				  commodities to the general public shall not be considered employed in
				  agriculture, regardless of his or her duties, if more than 50% of the gross
				  income of the establishment results from sales to the general public.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Wage and Hour Division General Rules › Part 2 - OVERTIME COMPENSATION › WAGE DEVIATION › Section R. 408.771 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1)
					 These rules require that handicapped workers who are being paid sub-minimum
					 wages shall receive wage rates commensurate with their productive
					 capacity.
(2) These rules require
					 that employers of handicapped workers who are being paid sub-minimum wages
					 shall maintain records which substantiate the fact that the handicapped workers
					 are being paid wage rates commensurate with their productive
					 capacity.
(3) These rules establish
					 procedures for an employer of handicapped workers to apply for wage deviation
					 certificates under section 7 of the act.
(4) These rules establish administrative
					 proceedings to grant wage deviation certificates under the act.