Employees count on payday to come as expected so they can pay their bills and meet other financial commitments. Not receiving your pay as scheduled can be a stressful experience that requires legal assistance.
Michigan laws protect employees from employers who fail to pay them the agreed-upon amount at the expected time. It’s important to understand your legal rights if you are experiencing a delay with your paycheck.
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 more frequent schedule than semi-monthly or pay them monthly.
Whether you receive your wages monthly, biweekly, or weekly 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 on a weekly basis 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 by a full pay period. You might receive your overtime wages from the first payday in December until the second pay period of the month.
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 this 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 a few legal avenues for filing your complaint. Our Michigan unpaid wages attorneys can help you put together your case and take your claim to court if needed 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)’s 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.
- Any appeals must go through 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.
- The judge institutes a decision to confirm, modify, or revoke the Determination Order. The department and the Attorney General’s office enforce the decision as to 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 cannot discriminate against employees. This includes delaying wages based on an employee’s age, sex, race, political affiliation, national origin, and other factors.
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. 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.