Employees rely on their paydays to arrive as expected, so they can pay their bills and meet other financial commitments on time. Not receiving your paycheck as scheduled can be a stressful experience that may trigger a chain reaction of missed payments, potentially requiring legal assistance to resolve.
Michigan laws protect employees from employers who fail to pay them the agreed-upon amount at the expected time. It’s essential to understand your legal rights if you’re experiencing a delay with your paycheck. Contact our experienced attorneys at Fieger Law for a free consultation.
How soon must paychecks be sent under Michigan law?
Michigan’s Payment of Wages and Fringe Benefits Act governs the frequency of paycheck distribution. Most employers must pay their salaried and hourly employees twice a month; however, a company can choose to pay its employees on a different schedule, such as semi-monthly or monthly.
Whether you receive your wages on a monthly, biweekly, or weekly basis depends on your contract. According to the Payment of Wages and Fringe Benefits Act, the only exception to timely payments is if employees harvest crops by hand. They can receive wages every week unless otherwise specified in writing as part of the employment contract.
Michigan employers: How long can they delay your paycheck?
All employers in Michigan reserve the right to delay any overtime wages in December to the next regularly scheduled payday, provided all non-overtime wages are paid on or before the regular payday. For example, overtime earned before December 16 could be paid on the next payday.
Your employer can only delay or withhold your paycheck if you’ve given written consent not to receive it on time. If your employer does not want to pay what you have earned and you haven’t given permission for a delay, you have the right to receive your wages.
How can I recover my withheld paycheck?
If your company owes you delayed wages, you have several legal avenues for filing a complaint. Our employment law attorneys can help you assemble your case and take your claim to court, if necessary, to recover the money you are owed.
Speak to Your Union
The rights of employees who belong to labor unions are in their union contracts. Union contracts negotiate wages and benefits for members. As a union member, you can file grievances with your union representative. This process is established in the contract between the union and your employer. You should speak to your union representative and file a grievance before submitting a legal complaint.
File a Complaint With Michigan’s Wage and Hour Program
Michigan’s Department of Licensing and Regulatory Affairs (LARA) Wage and Hour Program handles claims against employers for unpaid wages. You may resolve your complaint in the following steps:
- Complete a paper wage complaint form online.
- Have an investigator examine your claim. After completing the investigation, the department issues a Determination Order deciding the claim. You and your employer have a right to appeal the order within 14 days.
- File any appeals with the Michigan Office of Administrative Hearings and Rules. The administrative law judge can hold hearings and pre-trial conferences as needed. The department encourages a settlement at this stage. You can have your attorney represent you.
- Receive the judge’s decision to confirm, modify, or revoke the Determination Order. The department and the Attorney General’s office enforce the decision as the final order of the program.
File a Complaint With the Equal Employment Opportunity Commission (EEOC)
If you believe your wages were delayed based on discrimination, you may file a complaint with the EEOC. By federal law, employers are prohibited from discriminating against employees. This includes delaying wages based on an employee’s age, sex, race, national origin, political affiliation, and other protected characteristics.
What are the common reasons for paycheck delays?
Although paycheck delays are supremely frustrating and even life-altering, it can be helpful to know the common causes of these delays to learn how they might be resolved. Administrative errors are one of the leading causes of pay delays in the workplace. These errors can range from simple data entry mistakes to more complex payroll processing issues.
Common Administrative Errors
- Data Entry Mistakes: Incorrect employee information, such as hours worked or pay rates, can result in delayed payments.
- Payroll Processing Issues: Technical glitches or delays in payroll processing due to internal inefficiencies can result in payment delays for employees.
Financial Difficulties
Employer financial difficulties can also contribute to wage payment delays. In challenging economic times or during periods of financial strain, employers may struggle to meet their payroll obligations. Factors contributing to financial difficulties may include:
- Cash Flow Problems: Insufficient cash flow to cover payroll expenses can result in delayed wage payments to employees.
- Bankruptcy or Insolvency: In severe cases, employer bankruptcy or insolvency may lead to unpaid wages for employees.
Potential Consequences for Employers
Employers who fail to pay wages on time in Michigan can often face consequences. Below are some of the potential consequences for employers.
Penalties and Fines
Employers who fail to pay wages on time may face legal and financial consequences. In Michigan, the law requires prompt payment of wages, and employers found to be in violation may be subject to penalties and fines.
Damage to Reputation
Wage disputes can significantly damage an employer’s reputation and employee relations. Delayed or unpaid wages can erode trust and morale among employees, leading to decreased productivity and increased turnover. Additionally, negative publicity resulting from wage disputes can tarnish an employer’s reputation within the community and industry.
Understanding Your Employment Contract
Employees should carefully review their employment contracts to understand their rights and protections regarding pay and wage delays. Important clauses related to pay, such as payment schedules and remedies for wage disputes, may be outlined in the contract. Additionally, employees should consider negotiating terms in their contract to safeguard against delayed payments and ensure prompt resolution of any payment issues.
Understanding the common reasons for pay delays, potential consequences for employers, and the importance of reviewing and negotiating employment contracts are crucial steps for Michigan employees facing wage payment challenges. If you believe your employer has unlawfully delayed your wages, seeking legal guidance may be necessary to protect your rights.
What happens if you quit or are fired: When is your final paycheck due?
The Michigan Payment of Wages and Fringe Benefits Act states that your final paycheck should be issued on the next regularly scheduled payday following the termination of employment, whether you quit or were terminated.
This salary should have:
- All wages accrued on hours worked until the date of separation
- Any fringe benefits (such as vacation or PTO) unless the employer has included such in writing or in a contract that specifically states that it will be paid out in the event of termination
Unless the employer makes such a written promise, unused PTO or vacation does not have to be paid out. Note that this requirement is not altered by voluntary resignation or termination. The determining factor is the existence of a clear and written agreement.
If your last paycheck is not received or delayed, you can file a wage complaint with the Wage and Hour Program of Michigan or consult an attorney to get your money back. Our experienced lawyers can help you. Contact us now for immediate assistance.
What counts as “wages” under Michigan law?
In Michigan, the Payment of Wages and Fringe Benefits Act considers wages as all compensation received in exchange for labor or services, including:
- Hourly wages
- Salaries
- Overtime pay
This guarantees that employees get what they deserve at the right time.
Bonuses qualify as wages if promised in a written employment contract or company policy, such as performance-based incentives for meeting sales targets. However, discretionary bonuses, like holiday gifts not outlined in writing, are not protected. Commissions are also considered wages when stated in a contract, such as a percentage of sales to retail employees, provided the contract is clear.
Vacation pay or paid time off (PTO) is not wages unless the policy or contract is in writing and provides for payout. For instance, if your employer has a handbook that states you’ll receive accrued vacation pay upon leaving the job, then you are eligible for that pay.
In the absence of such commitment, employers have no obligation to pay unused PTO. Severance pay is considered wages when a written agreement is involved, such as a contract that stipulates a lump sum payment in the event of layoffs. Verbal or implied promises of severance do not meet the legal standard for protection.
Understanding these differences will help you better comprehend your rights in cases of delayed payments. You may have a claim against your employer when they withhold earned bonuses, commissions, PTO, or severance without any legitimate reason.
Take Legal Action to Protect Your Rights to a Paycheck
Anytime your employer withholds wages you’ve earned, you should consider taking legal action against them to recover the compensation you’re owed. If you have been paid later than your regular payday, this can affect your bill payments and have serious financial consequences for you and your family.
Take steps to receive your paycheck on time when you work with an experienced employment attorney at Fieger Law.
Our knowledgeable lawyers can help you figure out if your employer’s actions were illegal and recommend the appropriate legal recourse, including filing a lawsuit if necessary. We have experience working with clients throughout the U.S. in employment law.
Call Fieger Law today and set up a free consultation to assess the best way to get the money your employer owes you.
Last Modified: July 28, 2025
