Frequently Asked Questions

DISCLAIMER: "The answers provided are not meant to be a substitute for legal advice."

Complaint Process/How to File

Online Wage and Benefit Complaint Form

A complaint alleging non-payment of paid medical leave, or that your employer is not providing paid medical leave time, or the employer is not allowing you to use accrued paid medical leave time, must be filed within 6 months of the alleged violation. A complaint alleging non-payment of wages or fringe benefits must be filed within 12 months of the alleged violation. If you have not been paid at least minimum wage or you have not been paid overtime, you may file a complaint up to 3 years from the date of the alleged violation.

To file a complaint online you may file the Online Wage and Benefit Complaint Form.

Note: if you encounter an error processing your complaint, please try clearing your cookies, browsing history and cache or try a different browser like Microsoft Edge, Internet Explorer, Safari, Mozilla, Firefox, Chrome etc. Download a copy of the form in pdf format.

Wage Agreement/Last Pay Check

Can my employer change my rate of pay?

Yes, if your employer tells you about the reduction before it goes into effect and you work any hours under the new agreement. The employer can not reduce your rate of pay on hours that you have already worked.
Can my employer make overtime mandatory?

Yes, your employer can ask or schedule you to work overtime at any time.
Can my employer withhold my paycheck from me?

No, with the exception of written authorization provided by the employee.
For payment of wages see 1978 Public Act 390, as amended, Section 2, MCL 408.472 and Section 5, MCL 408.475

For deductions from wages see 1978 Public Act 390, as amended, Section 7, MCL 408.477
Do I have to work 40 hours to be considered full-time?

The laws the Wage and Hour Division enforces do not define full-time or part-time employment.
If your employer chooses to distinguish full time and part time employment in order to determine eligibility for fringe benefits, the employer is required to pay those fringe benefits in accordance with their written contract or written policy.
Does my employer have to pay me for training time?

On the job training which is directly related to the employee's job should be counted as hours worked and paid accordingly.
A training wage of $4.25 per hour may be paid to new employees 16-19 years of age for the first 90 calendar days of their employment.
Is there a law that I get paid double time or triple time when I work a holiday?

No, employers are not required to pay double time or triple time for holidays. If an employer has a written contract or policy that employees will be paid double time or triple time for holidays, then the employer is obligated to pay employees as required by the written contract or policy.
Is there a limit on the number of hours I can be scheduled to work in a week?

There are hour restrictions for minors. Visit our Youth Employment Standards Act webpage to view hour restrictions and other information related to Youth Employment and the Youth Employment Standards Act (YESA).

If you are 18 years of age or older, the employer has the right to schedule however they feel they need you. There is no minimum or maximum number of hours. The employer may ask you to come in when needed, or send you home when work is slow and you are not needed.
When does my last paycheck have to be paid to me?

On whatever day is considered to be your next scheduled pay day, unless you hand harvest crops.
Reference administrative rule R408.9007(1).

If you hand harvest crops you must be paid within 1 working day of the termination.
Reference administrative rule R408.9007(2).

Deductions

Can an employer withhold wages for disciplinary action?

No, an employer can not withhold wages for disciplinary action. All earned wages are required to be paid on the scheduled pay date.

Note: Employers are required to deduct certain deductions as required by law or permitted through a collective bargaining agreement. Deductions, other than those required by law or collective bargaining agreement, require the employees signed written consent for the deduction.
Can my employer withhold my paycheck from me?

No, with the exception of written authorization provided by the employee.

For payment of wages see 1978 Public Act 390, as amended, Section 2, MCL 408.472 and Section 5, MCL 408.475

For deductions from wages see 1978 Public Act 390, as amended, Section 7, MCL 408.477
My employer deducts premiums for health insurance from my paycheck, how can I find out if the premiums are being paid to the health insurance provider?

Questions regarding employer health plans should be directed to the:

United States Department of Labor
Employee Benefits Security Administration

The Cincinnati Regional Office address is:

1885 Dixie Hwy., ste. 210
Ft. Wright, KY 41011-2664
Phone: 859-578-4680
Fax: 859-578-4688
Toll Free: 866-444-3272
Web site: www.dol.gov/agencies/ebsa
I broke a piece of inventory, my supervisor makes me pay for it, is this legal?

Public Act 390 of 1978, in section 7(1) states; ". . . 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. . ."

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.
I work in a restaurant, when a patron walks out without paying for their meal my supervisor makes me pay for it, is this legal?

Public Act 390 of 1978, in section 7(1) states; ". . . 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. . ."

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.
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.
My cash drawer came up short, my supervisor makes me pay for it, is this legal?

Public Act 390 of 1978, in section 7(1) states; ". . . 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. . ."

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.
My employer deducts premiums for health insurance from my paycheck, my insurance provider has informed me that my premium has not been paid, who do I contact?

Note: The deductions withheld from your earnings that were NOT forwarded to the insurance provider become unauthorized and may be a violation of Michigan Public Act 390. An employee that believes his or her employer has violated the Act may file a written complaint with the department within 12 months after the alleged violation occurs.

Questions regarding employer health plans should be directed to the:

United States Department of Labor
Employee Benefits Security Administration

The Cincinnati Regional Office address is:

1885 Dixie Hwy., ste. 210
Ft. Wright, KY 41011-2664
Phone: 859-578-4680
Fax: 859-578-4688
Toll Free: 866-444-3272

Web site: www.dol.gov/agencies/ebsa
What deductions from my paycheck are considered legal?

Any deduction required by law (i.e. taxes, friend of the court payments) and union dues. All other deductions require the employer to get your signed authorization before the deduction is made. The employer is required to itemize deductions on your pay stub.

Breaks/Meal and Rest Periods

Are employees required by law to have a meal or break period?

There are no requirements for breaks, meal or rest periods for employees 18 years of age or older. Employees under the age of 18 may not work more than five hours without a documented 30-minute uninterrupted break. Daily time records should reflect the starting and ending of shifts as well as the 30-minute uninterrupted break.

For additional information regarding Youth Employment frequently asked questions (FAQ) visit our website www.michigan.gov/wagehour or call our office at 855-464-9243(855-4MI-WAGE).

Fringe Benefits

I had unused sick time when I left my employer, can I receive payment for this time?

The employer is required to pay fringe benefits in accordance with written contract or written policy, if the company policy has a pay-out provision which states that unused time will be paid to you when you separate your employment, then the employer would be obligated to pay you for the unused time.
The employer would not be legally obligated to pay you for unused time if the company policy does not address the issue.
I had unused vacation time when I left my employer, can I receive payment for this time?

The employer is required to pay fringe benefits in accordance with written contract or written policy, if the company policy has a pay-out provision which states that unused time will be paid to you when you separate your employment, then the employer would be obligated to pay you for the unused time.
The employer would not be legally obligated to pay you for unused time if the company policy does not address the issue.
I have been told by my employer that I will have to use a week of vacation time for a planned summer shutdown, can my employer make me use my vacation time for this?

Employers are not required by law to provide vacation time off or vacation pay. Vacation time/pay is a fringe benefit controlled by the company and can be offered or taken away. Under Public Act 390 of 1978, the Payment of Wages and Fringe Benefits Act, section 3 provides, "an employer shall pay fringe benefits to or on behalf of an employee in accordance with the terms set forth in the written contract or written policy."

If an employer has a written contract or vacation policy that requires you to use your paid vacation time during a scheduled shutdown time period, then the employer is required to pay you as described in the written contract or vacation policy for the scheduled shutdown time period. If there is no written contract or vacation policy, an employer is only required by law to pay you for all time worked; if you did not work for the employer during the scheduled shutdown time period, then the employer would not be required to pay you for the scheduled shutdown time period.
My employer provided a retirement plan (401k, pension, etc.) as a benefit, I was let go from my job, is there anything I can do to claim that money?

Questions regarding employer pension, retirement or 401k plans should be directed to the:

United States Department of Labor
Employee Benefits Security Administration

The Cincinnati Regional Office address is:

1885 Dixie Hwy. Ste 210
Ft. Wright, KY 41011-2664
Phone: 859-578-4680
Fax: 859-578-4688
Toll Free: 866-444-3272

Web site: www.dol.gov/agencies/ebsa
Your Employer's Bankruptcy: How Will It Affect Your Employee Benefits?

Questions regarding employer health, retirement, pension or 401k plans should be directed to the:

United States Department of Labor
Employee Benefits Security Administration

The Cincinnati Regional Office address is:

1885 Dixie Hwy., Ste 210
Ft. Wright, KY 41011-2664
Phone: 859-578-4680 or 866-444-3272
Fax: 859-578-4688

Web site: www.dol.gov/agencies/ebsa

Minimum Wage/Overtime

Can my employer make overtime mandatory?

Yes, your employer can ask or schedule you to work overtime at any time.
Can my employer pay me 'Comp Time' instead of paying me overtime?

Certain conditions must be met by the employer in order to provide comp time to employees instead of overtime pay.

For more information see our English language version of Comp Time Information Sheet.

Spanish language version of Comp Time Information Sheet

Arabic language version of Comp Time Information Sheet
Does my employer have to pay me for training time

On the job training which is directly related to the employee's job should be counted as hours worked and paid accordingly.
A training wage of $4.25 per hour may be paid to new employees 16-19 years of age for the first 90 calendar days of their employment.
Is there a law that I get paid double time or triple time when I work a holiday?

No, employers are not required to pay double time or triple time for holidays. If an employer has a written contract or policy that employees will be paid double time or triple time for holidays, then the employer is obligated to pay employees as required by the written contract or policy.
The Michigan minimum wage effective January 1, 2022, is $9.87.

The rate for 2021 did not increase as the unemployment rate for 2020 exceeded 8.5%. The scheduled rate increase for 2021 of $9.87 will occur in 2022 as required by MCL 408.934(2) of Public Act 337 of 2018, as amended.

For questions regarding minimum wage, please contact us at 517-284-7800 or email us at whinfo@michigan.gov.

Posting Requirements

What entities are required to post notification under Act 62?
Public Act 62 of 2016, the Human Trafficking Notification Act applies to the following entities:

Welcome centers

Rest areas

Local bus and rail transportation services

Public airports

Adult entertainment establishments as defined in Section 2 of Act 62

Entities that own property that has been found by a court to constitute a public nuisance due to acts of prostitution or human trafficking.
What wage, hour or fringe benefit posters are required to be posted at our business?

Posters Required by Law

The following Michigan Improved Workforce Opportunity Wage Act posters are required by law to be posted in the work place if you are not covered by the Federal Fair Labor Standards Act of 1938, as amended (FLSA) or federal minimum wage provisions would result in a lower minimum wage than provided in the Michigan Improved Workforce Opportunity Wage Act.

The links below are available to the public for posting. Employers who post Public Act 337, of 2018, as amended, or WHD 9904 Required Poster, General Requirements - Minimum Wage and Overtime, will be considered in compliance with the posting requirements of Section 7. You can print your own copy of the posters or contact the Wage and Hour Division at 855-464-9243 to have a copy sent to you.

Public Act 337, of 2018, as amended Michigan Improved Workforce Opportunity Wage Act

WHD 9904 Required Poster General Requirements - Minimum Wage and Overtime English language

WHD 9904 Required Poster General Requirements - Minimum Wage and Overtime Spanish language

WHD 9904 Required Poster General Requirements - Minimum Wage and Overtime Arabic language

Additional postings relating to workplace safety may need to be posted, use this link to MIOSHA publications to see required MIOSHA postings.

PAID MEDICAL LEAVE ACT (PMLA)

Effective March 29, 2019, covered employers with 50 or more employees are required by law to post WHD 9911 Paid Medical Leave Act, Required Poster, General Requirements, in a conspicuous place accessible to eligible employees.

Paid Medical Leave Act Posting Requirement English language

Paid Medical Leave Act Posting Requirement Spanish language

Paid Medical Leave Act Posting Requirement Arabic language

Posting requirement if employing minors

Youth Employment Standards Act Posting Requirement for employers that employ minors.

Popular on michigan.gov

How Do I...

Frequently Asked Questions

Frequently Asked Questions

Complaint Process/How to File

Wage Agreement/Last Pay Check

Deductions

Breaks/Meal and Rest Periods

Fringe Benefits

Minimum Wage/Overtime

Posting Requirements