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Michigan: Pay Date set by Employer to 15th of the following month Michigan

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  • ScottB
    replied
    Originally posted by ilangocal View Post
    So if he's pays me $1200 (for the pay period 1st - 15th of the preceding month) (and he calls it an "advance" )at around 2nd of the current month and the rest on the 18th, (rather than the 15th), was he in compliance for that month or could I say he was not in compliance?

    thanks very much for your reply.
    Looks to me like he is late paying, twice.

    The law reads "on or before," not "on or within a few days later."

    Leave a comment:


  • ilangocal
    replied
    So if he's pays me $1200 (for the pay period 1st - 15th of the preceding month) (and he calls it an "advance" )at around 2nd of the current month and the rest on the 18th, (rather than the 15th), was he in compliance for that month or could I say he was not in compliance?

    thanks very much for your reply.

    Leave a comment:


  • ScottB
    replied
    http://www.legislature.mi.gov/(S(4ei...ight=act%20390

    While monthly pay is allowed,

    (4) An employer who establishes a monthly payday shall be deemed to be in compliance with subsection (1) provided that the employer pays to the employee on or before the first day of each calendar month all wages earned during the preceding calendar month.

    So the employer is not complying with the letter of the law. Rather than jump through hoops to get people paid on March 1 for all earnings in February, it would be a lot easier, IMHO, to pay semi-monthly with pay earned from the 1st through the 15th of the month due to the employee by the first day of the next month and pay earned from the 16th to the end of the month due by the 15th of the next month (as stipulated by Michigan's wage and hour laws for semi-monthly payrolls).

    Leave a comment:


  • Michigan: Pay Date set by Employer to 15th of the following month Michigan

    Hi
    I am a foreign national with the H-1B visa. I work in a high-tech firm in VA, but my sponsoring employer is from Michigan. He had stated that his company will "run the payroll" on the 15th of every month and that it is the policy of his company to pay once every month. So far so good. Now,what has happened and is happening in my case is as below:
    I was posted to this work location in VA, in the beginning of October,2007. At the end of October, I was expecting my October salary to be paid by 7th of November latest. My employer to my disappointment claimed that he would be 'glad' to give me an "advance" amounting to roughly 40% of my salary around 2nd November and the rest around November 16th. He claimed that it was standard for all companies to need 15 days before they ran the payroll for the previous month and he was doing just that. And by giving me an advance he was claiming that he was actually being helpful. So I wound up getting an "advance" check deposited into my account on the 3rd of November and the rest came in on the 18th of November. Is this normal and legal?

    I read up some stuff on pay dates on the Department of Labor website for different states. As far as Michigan is concerned, the DOL states that in Michigan the payday depends on the occupation. What does that mean? By the way, my occupation is IT.

    I am not naturally assuming that my employer is being unfair to me, but this payday of his is a great inconvenience. When I told him that my previous employer paid me a few days after the end of every pay-period (one pay-period was 2 weeks), he dismissed it saying "it is not possible at all". I clearly remember having got two paychecks for every month (of course, the second paycheck might have been on one of the first few days of the next month).

    Where do I stand in this situation and where does my employer stand? How do I address my concerns and find out what the law says about pay days in regards to IT workers working for a Michigan employer?

    Thanks in advance.
    Last edited by ilangocal; 02-02-2008, 01:13 PM. Reason: review
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