reglab/statecodes huggingface dataset:
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. 408.772 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2.
As used in these rules:
(a) "Act" means the workforce opportunity
					 wage act, 201 4PA 138, MCL 408.411 to 408.424.
(b) "Commensurate wage" means the wage which
					 is proportionate to the prevailing industry wage rate.
(c) "Department" means the department of
					 licensing and regulatory affairs.
(d) "Deviated wage rate" means an hourly wage
					 or piece rate which is below the minimum wage rate prescribed in section 4 of
					 the act, MCL 408.414, is based upon a handicapped worker's productive capacity,
					 and is commensurate with the prevailing industry wage rate.
(e) "Director" means the director of the
					 department or his or her authorized representative.
(f) "Handicapped worker" means an individual
					 whose earning or productive capacity is limited by a physical or mental
					 impairment.
(g) "Locality" means
					 the county, city, village, or township in which the work is
					 performed.
(h) "Prevailing industry
					 wage rate" means the overall average wage rate paid to nonhandicapped workers
					 in industry in the locality for essentially the same type of work.
(i) "Private sector employment" means
					 remunerative employment within a setting other than a rehabilitation
					 facility.
(j) "Rehabilitation
					 facility" means a charitable or nonprofit organization or institution or
					 program including the state and its political subdivisions, agencies, and
					 instrumentalities for the purpose of carrying out a recognized program of
					 habilitation or rehabilitation for handicapped individuals and for providing
					 such individuals with remunerative employment or other occupational
					 habilitation or rehabilitation activity of an educational or therapeutic
					 nature.
(k) "Wage deviation
					 certificate" means a written document issued by the director to either a
					 rehabilitation facility or a private sector employer which authorizes the
					 payment of a deviated wage rate to a group of handicapped workers employed by a
					 rehabilitation facility or to an individual handicapped worker employed by a
					 private sector employer.
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. 408.773 - Commensurate wage

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
					 handicapped worker covered by a wage deviation certificate shall be paid a
					 commensurate wage.
(2) A
					 handicapped worker covered by a wage deviation certificate shall not be paid
					 less than 1 1/2 times his or her commensurate wage rate for all work in excess
					 of the maximum hours as required by section 4a of the act.
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. 408.774 - Prevailing industry wage rate; determination; documentation

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) To
					 determine the prevailing industry wage rate for a specific type of work, a
					 rehabilitation facility shall utilize 1 of the following sources:
(a) The state employment service.
(b) Private sector employers in the locality
					 performing similar work.
(c) Recent
					 wages, or wages adjusted for wage increases, which were previously determined
					 by the rehabilitation facility for previous work of a similar nature.
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. 408.775 - Time study for piece rate; conduct; purpose; retention of records; review

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1)
					 Where a prevailing industry piece rate cannot be established in accordance with
					 R 408.774, a rehabilitation facility
					 shall conduct a time study to determine the piece rate to be paid to a
					 handicapped worker. The following steps shall constitute an acceptable time
					 study method for piece rates:
(a) Establish
					 the steps of each type of work to be performed by the handicapped
					 worker.
(b) Have the type of work
					 performed by a nonhandicapped worker for a 50-minute period.
(c) Determine the hourly productivity of the
					 nonhandicapped worker by computing the sum of pieces produced during the
					 50-minute period.
(d) Determine the
					 piece rate to be paid to the handicapped worker by dividing the prevailing
					 industry hourly wage rate by the hourly productivity of the nonhandicapped
					 worker.
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. 408.776 - Time studies for hourly rates; conduct; retention of records; review

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
					 rehabilitation facility shall conduct a time study to determine the deviated
					 wage rate to be paid to the handicapped worker. The following steps shall
					 constitute an acceptable time study method:
(a) Establish the prevailing industry wage
					 rate for the work to be performed in accordance with
					 R 408.774.
(b) Establish the steps of each type of work
					 to be performed.
(c) Have the type
					 of work performed by a nonhandicapped worker for a 50-minute period.
(d) Determine the hourly productivity of the
					 nonhandicapped worker by computing the sum of tasks performed during the
					 50-minute period.
(e) Have the type
					 of work performed by the handicapped worker for a 50-minute period.
(f) Determine the hourly productivity of the
					 handicapped worker by computing the sum of tasks performed during the 50-minute
					 period.
(g) Determine the
					 percentage of the handicapped worker's productive capacity as compared to the
					 hourly productivity established for the nonhandicapped worker.
(h) Determine the hourly rate to be paid to
					 the handicapped worker by multiplying the percentage of the handicapped
					 worker's productive capacity by the established prevailing industry wage
					 rate.
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. 408.777 - Wage deviation certificate; application; specifications; duration; issuance and denial; amendment

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) An
					 application for a wage deviation certificate shall be filed by a rehabilitation
					 facility or by a private sector employer seeking to pay a deviated wage rate to
					 handicapped workers not covered under section 14(c) of the fair labor standards
					 act of 1938, as amended,
					 29 U.S.C.
					 214. A unit of rehabilitation facility having
					 an identifiable program that operates at a different location under separate
					 supervision shall file a separate application for a wage deviation
					 certificate.
(2) A certificate must
					 specify the terms and conditions under which it is granted.
(3) A certificate takes effect on the date
					 issued and is effective for 12 months. Handicapped workers may be paid a
					 deviated wage rate only during the effective period of the
					 certificate.
(4) If a certificate
					 is issued by the director, a copy shall be sent to the rehabilitation facility
					 or private sector employer. If denied, the applicant must be notified in
					 writing of the denial and the reasons for the denial and of the right of appeal
					 provided for in
					 R 408.784 and
					 R 408.785.
(5) The terms of a certificate may be amended
					 upon written request from a rehabilitation facility or private sector employer
					 and subsequent approval by the director.
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. 408.778 - Certification of applications for private sector employment

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) An
					 application for a wage deviation certificate submitted by a private sector
					 employer not meeting the definition of a rehabilitation facility requires
					 certification by either the Michigan rehabilitation services in the Michigan
					 department of health and human services or the bureau of services for blind
					 persons in the department, or both.
(2) Certification by the bureau of services
					 for blind persons is required if the worker covered under the certificate is
					 legally blind, as determined pursuant to section 1(a) of 1978 PA 260, MCL
					 393.351(a). All other applicants shall be certified by the Michigan
					 rehabilitation services.
(3)
					 Certification must involve a determination that the productive capacity of the
					 handicapped worker to be covered by the certificate is genuinely impaired by a
					 physical or mental disability and that the handicapped worker is to be paid a
					 commensurate wage.
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. 408.779 - Criteria for issuance of certificate

Current through Vol. 24-12, July 15, 2024
Rule 9.
The following criteria as established by the department
						shall be considered by the director prior to the issuance of a wage deviation
						certificate:
(a) An applicant's
					 previous and current compliance with the act.
(b) Whether the handicapped workers covered
					 by the certificate are being paid a commensurate wage.
(c) Whether the applicant can document, for
					 each worker covered by the certificate, that the individual's productive
					 capacity is impaired and that the impairment is caused by a physical or mental
					 disability.
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. 408.780 - Renewal certificate

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) A
					 renewal certificate may be issued by the director to a rehabilitation facility
					 or private sector employer whose current certificate is near expiration
					 provided an application for renewal has been properly filed not less than 60
					 calendar days prior to the expiration date of the current
					 certificate.
(2) The current
					 certificate shall remain in effect until the application for the renewal has
					 been granted or denied.
(3) The
					 renewal certificate shall take effect on the expiration date of the current
					 certificate and shall remain in effect for 12 months.
(4) Issuance of a renewal certificate shall
					 be contingent upon a finding that the applicant meets the requirements of the
					 act.
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. 408.781 - Temporary certificate

Current through Vol. 24-12, July 15, 2024
Rule 11. A temporary certificate may be issued by the
						director to a rehabilitation facility or private sector employer applying for a
						certificate. Issuance of a temporary certificate shall be contingent upon a
						finding by the director that the applicant has provided satisfactory evidence
						that a commensurate wage will be paid to the handicapped workers covered by the
						certificate, and that the requirements of the act will be met. A temporary
						certificate shall be effective for no more than 6 months'
						duration.
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. 408.782 - Records

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) A
					 rehabilitation facility granted a certificate shall maintain, and have
					 available for inspection by the director, records including the following:
(a) Documentation substantiating each
					 handicapped worker's disability.
(b) Total hours worked each pay
					 period.
(c) Total wages paid each
					 pay period.
(d) For employees paid
					 on a piece work basis, the piece rate paid and the total number of units
					 produced at such piece rate for each pay period.
(e) Time studies and calculations made to
					 determine each handicapped worker's productive capacity and the piece rate or
					 hourly rate to be paid each handicapped worker.
(f) Sources used to establish the prevailing
					 industry wage rate.
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. 408.783 - Cancellation of certificate

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) If
					 it appears that a provision of the act has been violated, the director shall
					 issue a written notice stating the facts or conduct that constitute the alleged
					 violation.
(2) The written notice
					 required in subrule (1) of this rule shall provide the rehabilitation facility
					 or private sector employer with an informal opportunity to demonstrate
					 compliance with the act. Compliance shall be demonstrated within 30 calendar
					 days after the date of the written notice.
(3) If the rehabilitation facility or private
					 sector employer does not demonstrate compliance, the director shall issue a
					 notice of hearing advising of the commencement of proceedings against the
					 rehabilitation facility or private sector employer to determine whether its
					 certificate should be cancelled. The director shall conduct a hearing pursuant
					 to chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL
					 24.271 to 24.287.
(4) Upon
					 conclusion of the hearing, if it is found that a provision of the act has been
					 violated, the director may cancel the certificate.
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. 408.784 - Appeal of decision denying certificate; hearing

Current through Vol. 24-12, July 15, 2024
Rule 14.
If a decision to deny a certificate is appealed by
						written objection of a rehabilitation facility or private sector employer to
						the department within 30 calendar days after receipt of the notice pertaining
						to the denial, the director shall conduct a hearing pursuant to chapter 4 of
						the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to
						24.287.
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. 408.785 - Appeal to circuit court; finality of resolution

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) A
					 rehabilitation facility or private sector employer aggrieved by the decision of
					 the director following a hearing under
					 R
					 408.783 and
					 R 408.784 may, within 60 days after
					 date of mailing of the decision, appeal to the circuit court by filing a
					 petition for review pursuant to the provisions of chapter 6 of the
					 administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to
					 24.306.
(2) A decision by the
					 director to cancel or deny a certificate pursuant to
					 R
					 408.783 and
					 R 408.784 that is not appealed to
					 circuit court within 60 days after the date of mailing, is
					 final.
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. 408.786 - Inspections

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) The
					 director may enter upon the premises of a rehabilitation facility or private
					 sector employer during normal business hours to conduct inspections to
					 determine whether the rehabilitation facility or private sector employer is in
					 compliance with the act.
(2)
					 Inspection reports shall be utilized in evaluating the issuance of renewal
					 certificates.
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. 408.787 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 17. R 408.751 to R 408.767 of the Michigan
						Administrative Code, appearing on pages 3178 to 3181 of the 1979 Michigan
						Administrative Code, are rescinded.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9002 - Definitions; A to I. Rule 2

Current through Vol. 24-12, July 15, 2024
(1)
As used
				in these rules:
(a) "Act" means 1978
				PA 390, MCL 408.471 to 408.490, and known as the payment of wages and fringe
				benefits act.
(b) "Complainant"
				means an employee who submits a written complaint alleging a violation of the
				act and who provides the information required by the department.
(c) "Department" means the department of
				licensing and regulatory affairs.
(d) "Voluntary payment in full" means either
				of the following:
(i) Payment of wages and
				fringe benefits claimed before the issuance of a departmental
				determination.
(ii) Payment of the
				full amount of wages and fringe benefits due, plus the 10% per annum penalty
				and any exemplary damages assessed within 14 days of the date of the
				determination. If the last day of the 14-day period is a Saturday, Sunday, or a
				state holiday, then that day is excluded and the period extends until the end
				of the next day that is not a Saturday, Sunday, or state holiday.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9005 - Payment of fringe benefits on termination

Current through Vol. 24-12, July 15, 2024
Rule 5. An employer shall pay fringe benefits due an employee
				  at termination on the regularly scheduled payday for the period in which the
				  termination occurs, unless otherwise specified in the terms of a written
				  contract or written policy.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9007 - Payment of wages on termination

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) An
				employer shall pay all wages due an employee who quits or is discharged, except
				for an employee who was engaged in the hand harvesting of crops, on the
				regularly scheduled payday for the period in which the termination
				occurs.
(2) An employer shall pay
				all wages due a discharged employee who was engaged in the hand harvesting or
				crops within 1 working day of the termination.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9012 - Statement of hours worked and pay earned; records

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) An
				employer shall furnish each employee with a statement of the information
				required by section 9(2) of the act in a retainable form.
(2) The employment records for each employee
				shall include total daily hours worked and the starting and ending times each
				day, computed to the nearest tenth of an hour, or other finer
				measure.
An obvious error in R
				  408.9012 was corrected at the request of the promulgating agency, pursuant to
				  Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
				  containing the error was published in
Michigan Register,
2014
				  MR 23. The memorandum requesting the correction was published in
Michigan Register,
2015 MR
				  1
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9019 - Acceptance of complaints by department

Current through Vol. 24-12, July 15, 2024
Rule 19. The department shall accept a complaint form or
				  other written statement received by the department from an employee for work
				  performed in Michigan which provides all of the following:
(a) Name and address of
				complainant.
(b) Name and address
				of employer who is alleged to have committed the violation.
(c) The date or dates the violation is
				alleged to have occurred.
(d) An
				estimate of the amount of wages or fringe benefits claimed.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9026 - Settlement agreement

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1) A
				complaint may be informally resolved by a written settlement agreement that
				specifies all of the following:
(a) The amount
				of payment agreed to.
(b) The terms
				of payment agreed to.
(c) The date
				payment is due.
(d) A waiver of all
				rights to contest the amount due.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9027 - Withdrawal of complaints; request to cease enforcement of order

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) A
				person who has filed a complaint with the department may withdraw the complaint
				at any time before issuance of a departmental determination.
(2) At any time after a departmental
				determination has been issued, a complainant may, in writing, request the
				department to cease enforcement of an order. For an order less than $30.00,
				written requests shall not be required.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9028 - Departmental determination

Current through Vol. 24-12, July 15, 2024
Rule 28.
(1) A
				departmental determination shall contain all of the following, if applicable:
(a) The name of the complainant.
(b) The name of the employer.
(c) The findings of the department.
(d) A citation to the sections of the act
				violated, if any.
(e) An order for
				the payment of wages or fringe benefits due, if any, plus a 10% per annum
				penalty.
(f) An assessment of the
				civil penalties, if any, and the basis for the assessment.
(g) An assessment of exemplary damages, if
				any, and the basis for the assessment.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9030 - Appeal of department determination

Current through Vol. 24-12, July 15, 2024
Rule 30.
(1) The
				14-day period within which an appeal of a departmental determination may be
				filed excludes the date of the determination. The calendar day that the appeal
				is due is included. If the last day of the 14-day period is Saturday, Sunday,
				or a state holiday, then that day is excluded and the period extends until the
				end of the next day that is not a Saturday, Sunday, or state holiday.
(2) An appellant shall submit a written
				appeal which is signed by the appellant and which contains all of the following
				information:
(a) The determination
				number.
(b) The name of the
				employer.
(c) The name of the
				employee.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9033 - Assessment of penalties; civil penalty

Current through Vol. 24-12, July 15, 2024
Rule 33
(1) A civil
				penalty assessed under this rule shall not be more than $1,000.00.
(2) An employer who violates section 2 to 8
				or section 10 of the act shall be assessed a civil penalty of 50% of the amount
				of wages and fringe benefits due an employee.
(3) A civil penalty assessed under subrule
				(2) of this rule shall be collected only if the director is required to
				initiate civil action to enforce an order of the department that has become a
				final agency order.
(4) A civil
				penalty of $1,000.00 shall be assessed for a violation of section 13 or section
				13a of the act.
(5) A civil penalty
				of $1,000.00 may be assessed for a violation of section 9 of the act.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9034 - Assessment of exemplary damages

Current through Vol. 24-12, July 15, 2024
Rule 34.
(1) The
				department shall order an employer who has violated section 2, 3, 4, 5, 6, 7,
				or 8 of the act to pay exemplary damages to the employee in either of the
				following situations:
(a) If the employer was
				previously found to have violated the same section of the act against the same
				employee at any time within 12 months before the occurrence of the
				violation.
(b) If the department
				determines that the act was deliberately and knowingly violated.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9035 - Payment of wages by payroll debit card; conditions

Current through Vol. 24-12, July 15, 2024
Rule 35. Pursuant to section 6 of the act, an employer or
				  agent of an employer may use a payroll debit card to pay wages to an employee,
				  if all of the following conditions are satisfied:
(a) The employee can obtain payment of his or
				her wages in full, when they are due and payable.
(b) Prior to the issuance of a payroll debit
				card to an employee, the employer shall provide to the employee a written
				notice of all of the following:
(i) The terms
				and conditions of the payroll debit card.
(ii) Disclosure of fees that may be assessed
				by the card issuer.
(iii)
				Disclosure that additional fees may be assessed by third parties through use of
				a payroll debit card in addition to fees assessed by the card issuer.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Wage and Hour › Payment of Wages and Fringe Benefits › Section R. 408.9036 - Lack of jurisdiction

Current through Vol. 24-12, July 15, 2024
Rule 36. The following complaints shall be dismissed:
(a) A complaint alleging violation of
				sections 2 to 10 and 13a of the act, if the filing date is more than 12 months
				after the date the violation is alleged to have occurred.
(b) An employee discrimination complaint
				alleging violation of section 13(2) of the act, if the filing date is more than
				30 days after the date the violation is alleged to have occurred.
(c) A complaint involving fringe benefits not
				defined under section
				1(e)
				of the act.
(d) A complaint
				involving employment in the classified state civil service system.
(e) A complaint involving railroad employees
				covered by the railway laborers act.
(f) A complaint for which a civil action is
				filed by the claimant or for which there is a civil judgment that includes the
				same wages or fringe benefits claimed with the department.
(g) A complaint alleging either of the
				following:
(i) A claim period covered by a
				discharge of debt.
(ii) Non-payment
				of wages or fringe benefits earned prior to the filing of a bankruptcy petition
				or reorganization plan.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 2 - RECORDS › Section R. 408.31a - Report of injury; claim for compensation, additional reports; weekly rate of compensation

Current through Vol. 24-12, July 15, 2024
Rule 1a.
(1) An
				  employer shall report immediately, to the agency, on form WC-100, or its
				  electronic equivalent, all injuries, including diseases, which arise out of and
				  in the course of the employment, or on which a claim is made, and result in any
				  of the following:
(a) Disability extending
				  beyond 7 consecutive days, not including the date of injury.
(b) Death.
(c) Specific losses.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 2 - RECORDS › Section R. 408.31b - Computation of weeks and days

Current through Vol. 24-12, July 15, 2024
Rule 1b. In computing periods of disability and of
					 compensation, a week shall be computed as 7 days and a day as 1/7 of a week,
					 without regard to Sundays, holidays, and working days.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 2 - RECORDS › Section R. 408.32a - Medical benefits; reimbursement application

Current through Vol. 24-12, July 15, 2024
Rule 2a.
(1) To be
				  reimbursed for payments made in accordance with the provisions of section
				  862(2) of the act, MCL 418.862, medical benefits must have been required by the
				  terms of an award and been paid in accordance with section 315 of the act and
				  the rules promulgated under section 315 of the act, MCL 418.315. In providing
				  benefits as required by section 862(2) of the act, MCL 418.862, a carrier shall
				  require that the employee and the provider comply with the requirements of
				  section 315 of the act, MCL 418.315.
(2) Reimbursement shall apply only to cases
				  for which an initial application for mediation or hearing is filed after March
				  31, 1986, under section 847 of the act, MCL 418.847. Claims must be made on
				  forms provided by and submitted to the agency. If other insurance coverage is
				  or was available to cover medical benefits paid under section 862(2) of the
				  act, MCL 418.862, then the agency will not make reimbursement.
(3) Applications for reimbursement from the
				  agency must be made not less than 30 days after the benefit amount is reduced
				  or rescinded by a final determination. An application for reimbursement must be
				  made not later than 1 year after a final determination is entered that reduces
				  or rescinds benefits.
(4)
				  Reimbursement from the agency must be consistent with benefits awarded in the
				  magistrate's decision. Reimbursement will only be made for medical benefits
				  that were provided between the agency mailing date of the magistrate's award
				  and the mailing date of the final determination of the appeal or for a shorter
				  period as specified in the award. A copy of the magistrate's order and all
				  subsequent appellate decisions must accompany each request for
				  reimbursement.
(5) A copy of the
				  medical bills, proof of payment, and a medical report with sufficient
				  documentation to demonstrate that the medical services provided fall within the
				  provision of the magistrate's decision must accompany each request for
				  reimbursement. Proof of payment must include certification from the carrier
				  that it has paid the medical bills or, if requested by the agency, must include
				  a receipt from the provider that shows that payment has been made.
(6) Reimbursement may not be paid if the
				  claim was redeemed before the final determination or if the carrier has not
				  provided proper documentation.
(7)
				  The agency shall not pay interest on reimbursable amounts.
(8) If the agency determines that all or part
				  of the request for reimbursement is not proper, then the agency shall notify
				  the carrier in writing. If the carrier disputes the determination, then it may
				  file an application for mediation or hearing.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.35 - Agency compliance hearings

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) If the
				  director believes that there has not been compliance with the act, then the
				  director may, on his or her own motion, give notice to the parties and schedule
				  a hearing for the purpose of determining compliance. The notice must contain a
				  statement of the matter to be considered.
(2) If a matter that is alleged to be grounds
				  for a hearing in accordance with this rule is brought to the attention of the
				  agency, then the director or his or her authorized representative shall review
				  the evidence of noncompliance with the act that is presented and, after making
				  inquiries or investigations that he or she deems appropriate, determine if a
				  hearing in accordance with this rule is necessary. The parties involved must be
				  notified within 30 days of a receipt of the request as to the time and date of
				  hearing or the reasons for denial.
(3) The agency shall schedule a hearing
				  within a reasonable time, subject to the availability and schedules of hearing
				  personnel and the parties involved. A request for a hearing under this rule
				  must, at a minimum, contain sufficient information to warrant investigation or
				  inquiry into a matter. The request for hearing must include, but is not limited
				  to, all of the following information:
(a)
				  Facts and law involved in the alleged failure to comply, including names,
				  dates, amounts, or other pertinent information.
(b) A description of the redress or other
				  specific action requested with specific references to sections of the act
				  allegedly not complied with.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.38 - Application for advance payment of compensation

Current through Vol. 24-12, July 15, 2024
Rule 8. An applicant shall submit an application for
					 advance payment of compensation on form WC-108, or its electronic equivalent.
					 If the carrier, second injury fund, self-insurers' security fund, PEGSISF, or
					 first responder presumed coverage fund refuses to approve the application, then
					 the matter must be set for hearing to determine whether the application should
					 be approved. A carrier, second injury fund, self- insurers' security fund,
					 PEGSISF, or first responder presumed coverage fund shall not approve, and a
					 magistrate shall not order, an advance payment of compensation to a minor
					 dependent until a legal guardian has been appointed.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.39 - Redemptions

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) An
				  agreement to redeem the liability of the carrier, second injury fund,
				  self-insurers' security fund, PEGSISF, silicosis and dust disease fund, or
				  first responder presumed coverage fund must be submitted on form
				  WC
-
556, or its electronic equivalent, agreement to redeem
				  liability. The agreement must be accompanied by a report from a licensed
				  medical provider or examiner.
(2) A
				  request for review of an order of a workers' compensation magistrate entered
				  under section 837(1) of the act, MCL 418.837, must be filed in writing with the
				  director. Filing may be accomplished by hand delivery, mailing, facsimile, or
				  other electronic means as prescribed by the director.
(3) A request for review must be received by
				  the director not later than 15 days after the service date that appears on the
				  face of the redemption order.
(4)
				  The party filing a request for review shall provide copies to all other parties
				  at the time of filing with the director.
(5) The party filing a request for review
				  shall file with the director a copy of the transcript of the redemption hearing
				  within 30 days of filing the request for review. A copy of the transcript must
				  be provided to all parties at the time of filing with the director. The
				  director may grant extensions of time to comply with this requirement for
				  sufficient cause shown.
(6) If the
				  director requests review of the order of the workers' compensation magistrate,
				  the director is responsible for adherence to these rules.
(7) Service of all filings made under this
				  rule may be made upon a party's attorney of record. A party not represented by
				  an attorney must be served personally or by mail.
(8) Proof of service must be filed with the
				  director with each filing and served upon all parties or their
				  attorney.
(9) Failure to comply
				  with these rules may result in dismissal of the request for review.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.40 - Stoppage, reduction, or suspension of compensation

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) If
				  compensation is being paid under an order or award of the magistrate, workers'
				  disability compensation appeals commission, or an appellate court, then
				  compensation may not be discontinued or reduced without a further order or
				  award, except as provided in subrules (3) and (4) of this rule and sections
				  301(8), 301(9)(c), and 401(6) and 301(9)(c) of the act, MCL 418.301 and
				  418.401.
(2) At the time of filing
				  an application requesting a stoppage of compensation, the moving party shall
				  provide to the claimant and counsel, if represented, the following:
(a) Proof of payment of compensation to
				  within 15 days of the date of the filing of a petition to stop compensation and
				  either:
(i) An affidavit stating that the
				  employee has returned to gainful employment paying wages at or greater than his
				  or her average weekly wage at the time of injury and that substantially
				  describes the nature of the employment.
(ii) A signed statement from 1 of the
				  following:
(A) A physician stating that the
				  employee is able to return to unrestricted employment.
(B) A physician stating that the employee is
				  able to return to restricted employment accompanied by an affidavit
				  demonstrating that such reasonable employment has been offered, or is
				  reasonably available, to the employee.
(C) A physician stating that the conditions
				  found to be work-related cease to exist and are no longer a cause of current
				  wage loss.
(D) Proof of any other
				  ground for stopping benefits permitted by law.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.40a - Rescinded

Current through Vol. 24-12, July 15, 2024
Former R 408.40a,
					 pertaining to pre - trial procedure, was rescinded by 1954 ACS 65. For history
					 of the rescinded rule, see 1970 - 71 AACS
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.40b - Appearances at conferences

Current through Vol. 24-12, July 15, 2024
Rule 10b.
(1) In a
				  contested case, in a hearing district designated by the director, the parties
				  or their attorneys shall appear before the agency at any hearing or mediation
				  conference at a date and place scheduled by the director in person, by
				  telephone, video conference, or other electronic means. Failure of the
				  petitioner or his or her attorney to appear in a timely manner and participate
				  in a mediation conference may result in the application for mediation
				  conference or hearing being deemed to have been voluntarily withdrawn under
				  section 205 of the act, MCL 418.205. Failure of the defendant or its attorney
				  to appear in a timely manner and participate in a mediation conference may
				  subject the defendant to being charged immediately under
				  R
				  408.35 for noncompliance with the act. A party that
				  fails to appear and participate in a scheduled mediation conference shall
				  obtain the dates for any future mediation conferences or hearings
				  scheduled.
(2) The agency may
				  require any information from the parties that may be necessary to monitor the
				  progress of the case, assist in the voluntary exchange of information between
				  parties, and facilitate the scheduling of cases.
(3) If the parties agree to compromise the
				  dispute by voluntary payment, the terms of such payment must be specified on
				  the voluntary payment form signed by both parties and the director or
				  designated representative. If the benefits agreed to are not paid within 30
				  days of the date the agreement is personally served or mailed by the agency,
				  then the carrier shall pay to the employee penalties in accordance with section
				  801 of the act, MCL 418.801.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.41 - Notice of insurance

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) Every
				  notice of issuance of a workers' disability compensation insurance policy must
				  be reported to the agency on form WC
-
400, or its electronic
				  equivalent, insurer's notice of issuance of policy. If the employer is a
				  partnership, the notice must state the names and addresses of all the partners.
				  If the employer is doing business under an assumed name, the notice must state
				  the assumed name and each Michigan location covered. If the employer is a
				  corporation doing business through a number of divisions, the notice must state
				  the names of all the divisions of the corporation. The agency shall be notified
				  when any insurance company receives a change of address of an
				  insured.
(2) A form WC-403, or its
				  electronic equivalent, insurer's notice of name or address change, shall be
				  filed when an employer is updating, adding, or deleting information related to
				  a business name, address, or division. Any changes must be specific to the
				  federal identification number noted on the form. Changes to business entities
				  under different federal identification numbers will require separate forms for
				  each number.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.41a - Termination of insurance

Current through Vol. 24-12, July 15, 2024
Rule 11a. A notice of termination of the liability of an
					 insurance company on a policy covering the risk of an employer under the act
					 must be reported to the agency on form WC
-
401, or its electronic
					 equivalent, notice of termination of liability. A copy of the notice must be
					 mailed to the employer. If the employer is a partnership, the notice must state
					 the names and addresses of all the partners. If the employer is doing business
					 under an assumed name, the notice must state the assumed name and the names of
					 all parties doing business under the assumed name. If the employer is a
					 corporation doing business under a number of divisions, the notice must state
					 the names of all the divisions of the corporation. If a business changes names
					 notice must be given stating both the new and former names. Notice of
					 termination of a policy which has expired shall not be reported when the
					 insurance carrier has accepted responsibility under a further or renewal
					 policy, except for an assured's name change.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.41b - Notice of election to be excluded as employees under act

Current through Vol. 24-12, July 15, 2024
Rule 11b.
(1) A
				  notice of election to be excluded under section 161(5) of the act, MCL 418.161,
				  must be reported to the agency on form WC
-
337
,
or its
				  electronic equivalent, notice of exclusion. The employer shall have the notice
				  notarized. If the employer is a partnership or corporation, then the notice
				  must state the names of all the partners or corporate officers. If the employer
				  is doing business under an assumed name, then the notice must state the assumed
				  name and each Michigan location covered.
(2) The employer shall certify that the
				  employees signing the exclusion comprise all of the employees of the employer.
				  The employer shall further certify that all employees are eligible to be
				  excluded under section 161(2) or (3) of the act, MCL 418.161. Each employee
				  shall furnish his or her social security number and certify that the employee
				  voluntarily signed the election to be excluded. The employer shall furnish its
				  federal identification number. The employer shall furnish each employee with a
				  copy of the completed exclusion form before filing the form with the agency.
				  The exclusion shall become effective upon receipt of the notice of exclusion by
				  the agency.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.41c - Notice of election to terminate exclusion as employees under act

Current through Vol. 24-12, July 15, 2024
Rule 11c.
(1)
				  Every notice of election to terminate an exclusion from coverage previously
				  filed under section 161(5) of the act, MCL 418.161, must be reported to the
				  agency on form WC
-
338, or its electronic equivalent, notice to
				  terminate exclusion. The employer shall have the notice notarized. The notice
				  must state the reason for terminating the exclusion. The notice to terminate
				  exclusion must certify that all employees and the employer signing the notice
				  to terminate exclusion have received a copy of the completed notice to
				  terminate exclusion before filing the notice with the agency. The employer
				  shall furnish its federal identification number.
(2) The termination of exclusion is effective
				  not later than 20 days after the notice to terminate exclusion is received by
				  the agency. If a carrier is providing coverage at the time the notice to
				  terminate exclusion is filed, or assumes coverage during the 20-day period,
				  then the notice to terminate exclusion is effective on the date the carrier
				  assumes coverage.