Legal Question in Employment Law in Michigan

Re: Paycheck schedule

The Michigan statutes, at MCLA Section 408.475(2), provide as follows:

"An employer shall immediately pay to an employee who has been discharged from employment all wages earned and due, as soon as the amount can with due diligence be determined."

If the employer has the timesheet, it can immediately determine the amount of the paycheck. The employer cannot delay the check simply because it uses a third-party paycheck company, such as Paychex. The employer must determine the necessary deductions, even if it must pay an accountant or other professional to determine the amount. An employer is not allowed to withhold payment for its convenience, such as waiting until the next pay cycle ends.

The same requirement is made upon an employer where an employee volutarily quits. This statute was enacted to prevent the situation reported in this question.

You should contact an attorney, the Michigan Department of Labor, or the U.S. Department of Labor in your area, to discuss the particular facts and circumstances which affect your rights and obligations. This response may not be relied upon as legal advice and it is not intended to be legal advice. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.