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Labor and Economic Opportunity

If an employee punches in late, can the employer dock their pay to the next quarter hour?

The docking of time worked cannot be used as a disciplinary measure, the employer is required to pay an employee for all wages earned (MCL 408.472). Time records must be computed to the nearest 1/10 of an hour (6 minutes) or finer measure (Administrative Rule R408.702(e)).  The employer is responsible for ensuring that an employee is performing work when they are clocked in or 'on the clock'.

Public Act 390 of 1978, in section 7(1) states; "Except for those deductions required or expressly permitted by law or by a collective bargaining agreement, an employer shall not deduct from the wages of an employee, directly or indirectly, any amount . . . without the full, free, and written consent of the employee, obtained without intimidation or fear of discharge for refusal to permit the deduction."

and section 7(2) states; ". . . a deduction for the benefit of the employer requires written consent from the employee for each wage payment subject to the deduction, and the cumulative amount of the deductions shall not reduce the gross wages paid to a rate less than minimum rate as defined in the minimum wage law of 1964, Act No. 154 of the Public Acts of 1964, being sections 408.381 to 408.398 of the Michigan Compiled Laws. . ."

Deductions required or expressly permitted by law include but are not limited to; city, state and federal income taxes, employees portion of Federal Insurance Contribution Act (FICA) taxes, Friend of Court payments and court ordered wage garnishments.

An employee that believes his or her employer has violated Act 390 may file a written complaint with the department within 12 months after the alleged violation occurs.