Michigan Wage Claim Demand Letter

WAGE CLAIM DEMAND LETTER

STATE OF MICHIGAN

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

AND VIA FIRST-CLASS U.S. MAIL

Date: [__/__/____]

FROM (Employee/Claimant):

TO (Employer):

RE: DEMAND FOR PAYMENT OF UNPAID WAGES AND FRINGE BENEFITS PURSUANT TO THE MICHIGAN PAYMENT OF WAGES AND FRINGE BENEFITS ACT, MCL § 408.471 ET SEQ.

Employee Name: [________________________________]

Last Four Digits of SSN (optional): [____]

Total Amount Claimed: $[________________________________]

I. INTRODUCTION AND PURPOSE

Dear [________________________________] (Employer Representative Name and Title):

This letter constitutes a formal written demand for the payment of wages, fringe benefits, and other compensation owed to [________________________________] ("Employee" or "Claimant") by [________________________________] ("Employer") pursuant to the Michigan Payment of Wages and Fringe Benefits Act ("PWFBA"), Public Act 390 of 1978, MCL § 408.471 et seq.

The Employee demands immediate payment of all wages and fringe benefits that are due and owing. Failure to remit full payment within the timeframe specified in this letter will result in the Employee pursuing all available legal remedies, including but not limited to filing a complaint with the Michigan Department of Labor and Economic Opportunity (LEO), Wage and Hour Division, and/or commencing a civil action seeking damages, exemplary damages of up to twice (2x) the unpaid wages and fringe benefits, penalty interest, attorney fees, and costs, as authorized by MCL §§ 408.482 and 408.483.

II. STATEMENT OF EMPLOYMENT

The following summarizes the employment relationship between the Employee and the Employer:

Fringe Benefits Provided During Employment:

Additional Terms of Employment:

[________________________________]
[________________________________]
[________________________________]

III. DESCRIPTION OF WAGE AND FRINGE BENEFIT VIOLATION(S)

The Employer has failed to pay the Employee wages and/or fringe benefits that are lawfully due and owing. The specific violations are described below. Check all that apply:

A. Wage Violations

☐ Failure to Pay Final Wages Upon Termination
The Employer failed to pay the Employee's final wages as soon as the amount could be determined with due diligence, as required by MCL § 408.475. The Employee was terminated/discharged on [__/__/____], and wages have not been paid. Unpaid final wages total $[________________________________].

☐ Failure to Pay Final Wages Upon Voluntary Quit
The Employer failed to pay the Employee's final wages on the next regularly scheduled payday following the Employee's voluntary quit, as required by MCL § 408.476. The Employee's last day was [__/__/____], and the next regular payday was [__/__/____]. Unpaid final wages total $[________________________________].

☐ Failure to Pay Regular Wages on Scheduled Payday
The Employer failed to pay wages on the regular payday as required by MCL § 408.472. Michigan law requires payment at least once per month (or more frequently, as agreed). The following pay periods remain unpaid or partially unpaid:

☐ Unpaid Overtime Compensation
The Employer failed to pay overtime at the rate of one and one-half (1.5) times the Employee's regular rate of pay for all hours worked in excess of forty (40) hours per workweek, as required by the Improved Workforce Opportunity Wage Act (MCL § 408.414a). The following overtime hours remain unpaid:

☐ Minimum Wage Violation
The Employer paid the Employee at a rate below the Michigan minimum wage of $13.73 per hour (2026), in violation of the Improved Workforce Opportunity Wage Act (MCL § 408.414).

☐ Unauthorized Deductions from Wages
The Employer made deductions from the Employee's wages without proper written authorization or in excess of amounts authorized, in violation of MCL § 408.474. Michigan law requires the employee's written consent for deductions (other than those required by law) and prohibits deductions that reduce pay below minimum wage. The unauthorized deductions include:

☐ Unpaid Commissions
The Employer failed to pay commissions earned by the Employee in accordance with the terms of the employment agreement or commission plan. Unpaid commissions total $[________________________________].

☐ Other Wage Violation(s)
[________________________________]
[________________________________]

B. Fringe Benefit Violations

☐ Unpaid Vacation Pay
The Employer failed to pay accrued vacation pay owed to the Employee under the Employer's written contract or written policy, in violation of MCL § 408.473. Under Michigan law, fringe benefits (including vacation pay) must be paid in accordance with the terms of the employer's written contract or policy. Unpaid vacation pay totals $[________________________________].

☐ Unpaid Sick Pay
The Employer failed to pay accrued sick pay owed under the written contract or policy. Unpaid sick pay totals $[________________________________].

☐ Unpaid Holiday Pay
The Employer failed to pay holiday pay owed under the written contract or policy. Unpaid holiday pay totals $[________________________________].

☐ Unpaid Bonuses
The Employer failed to pay bonuses owed under the written contract or policy. Unpaid bonuses total $[________________________________].

☐ Unpaid Earned Sick Time
The Employer failed to provide or pay for earned sick time as required under the Improved Workforce Opportunity Wage Act (MCL § 408.423 et seq.). Unpaid earned sick time totals $[________________________________].

☐ Other Unpaid Fringe Benefits
The Employer failed to pay the following fringe benefits in accordance with the written contract or policy:
[________________________________]
Total unpaid fringe benefits: $[________________________________]

IV. DETAILED CALCULATION OF AMOUNTS OWED

The following represents a detailed, itemized calculation of all amounts owed to the Employee:

A. Unpaid Wages and Fringe Benefits Summary

B. Penalty Interest Under MCL § 408.482

Under MCL § 408.482, the department shall order the employer to pay a penalty at the rate of ten percent (10%) annually on the wages and fringe benefits due, beginning at the time the employer is notified a complaint has been filed.

C. Exemplary Damages Under MCL § 408.482

For flagrant or repeated violations, the department may order the employer to pay exemplary damages of not more than twice (2x) the amount of wages and fringe benefits due.

D. Attorney Fees and Costs (if applicable)

E. Grand Total

V. LEGAL BASIS AND STATUTORY AUTHORITY

The Employee's claims are grounded in the following provisions of Michigan law:

A. Payment of Wages and Fringe Benefits Act (PWFBA), PA 390 of 1978

MCL § 408.471 (Definitions):
The Act defines key terms:

• "Wages" means all earnings of an employee whether determined on a time, task, piece, commission, or other basis of calculation.
• "Fringe benefits" means compensation due an employee pursuant to a written contract or written policy for holiday, time off for sickness or injury, time off for personal reasons, vacation, bonuses, authorized expenses incurred during employment, and similar advantages.
• "Employer" means a person, firm, partnership, association, corporation, limited liability company, or any other private group of persons who employs 1 or more employees at any time during a calendar year.

MCL § 408.472 (Payment of Wages – Time and Manner):
An employer shall pay each employee at regular pay periods designated in advance. The employer shall pay all wages earned during the preceding pay period and payment shall be made on the regular payday or within 14 days of that payday. Wages must be paid in U.S. currency or by negotiable check, or by direct deposit with employee authorization.

MCL § 408.473 (Fringe Benefits):
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. Fringe benefits include: vacation pay, sick pay, holiday pay, bonuses, and other compensation provided under a written contract or written policy.

MCL § 408.474 (Deductions):
An employer shall not deduct from wages except for the following:

• Deductions required or expressly permitted by law or court order;
• Deductions that the employee has authorized in writing with specific information on the purpose, amount, and duration;
• Deductions not exceeding the actual value of a shortage, breakage, or loss, if the employer can establish the employee was responsible (subject to limitations).

MCL § 408.475 (Payment Upon Termination – Involuntary):
When an employer terminates or discharges an employee, the employer shall pay to the employee all wages earned and due as soon as the amount can be determined with due diligence. The payment shall not be made later than the next regularly scheduled payday for the pay period in which termination occurred.

MCL § 408.476 (Payment Upon Voluntary Quit):
When an employee voluntarily leaves employment, the employer shall pay all wages earned and due on the next regularly scheduled payday.

MCL § 408.479 (Records and Statements):
Every employer shall keep records of:

• Names and addresses of all employees;
• Hours worked;
• Wages paid (including fringe benefits);
• Other information required by regulation.
  The employer shall provide a statement with each payment showing hours worked, gross pay, deductions, and net pay.

MCL § 408.481 (Complaint; Filing; Investigation; Hearing; Determination):
An employee may file a written complaint with the department within twelve (12) months after the alleged violation. The department shall investigate and attempt informal resolution. If unresolved, the department shall provide a determination within ninety (90) days of the complaint filing, including findings on the merits, specific violations, wages and benefits due, and penalties assessed.

MCL § 408.482 (Remedies; Penalties; Exemplary Damages):
The department shall order the employer to pay:

• All wages and fringe benefits due;
• A penalty at the rate of ten percent (10%) annually on the amounts due, from the date of complaint filing until payment;
• For flagrant or repeated violations: exemplary damages of not more than twice (2x) the wages and fringe benefits due;
• Attorney costs, hearing costs, and transcript costs.

MCL § 408.483 (Civil Action; Damages; Attorney Fees):
An employee may bring a civil action to recover wages or fringe benefits due, together with costs and reasonable attorney fees. The court may order damages of not more than the amount of unpaid wages and fringe benefits, plus costs and attorney fees.

MCL § 408.488 (Retaliation Prohibited):
An employer shall not discharge, discipline, or penalize an employee because the employee:

• Filed a complaint under the PWFBA;
• Assisted in a complaint investigation;
• Testified in a proceeding related to the PWFBA;
• Exercised any right under the Act.

B. Improved Workforce Opportunity Wage Act (PA 337 of 2018)

MCL § 408.414 (Minimum Wage):
Michigan's minimum wage is $13.73 per hour (2026). The rate is subject to annual adjustments.

MCL § 408.414a (Overtime):
Employers must pay overtime at 1.5 times the regular rate for hours worked over 40 in a workweek.

MCL § 408.423 et seq. (Earned Sick Time):
Under the Earned Sick Time Act (ESTA), effective February 21, 2025, employees accrue 1 hour of earned sick time for every 30 hours worked. Large employers (11+ employees) must allow up to 72 hours of paid earned sick time per year; small employers (10 or fewer employees) must allow up to 40 hours per year.

C. Federal Law

The Employee also reserves all rights under the following federal statutes:

• Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. – Provides for recovery of unpaid minimum wages and overtime, plus an equal amount as liquidated damages, and reasonable attorney fees and costs.
• Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. – To the extent any unpaid fringe benefits constitute ERISA-covered benefits.

VI. PENALTY AND DAMAGES PROVISIONS

The Employer is hereby placed on notice that, if this matter proceeds to an administrative complaint or litigation, the Employee will seek the maximum damages and penalties available under Michigan law:

A. Penalty Interest – 10% Annually

Under MCL § 408.482, the department shall order the employer to pay a penalty at the rate of 10% per year on the unpaid wages and fringe benefits, beginning from the date the employer is notified of the complaint.

B. Exemplary Damages – Up to 2x

For flagrant or repeated violations, the department may order the employer to pay exemplary damages of not more than twice (2x) the unpaid wages and fringe benefits. This means the employer's total exposure through the administrative process can be up to three (3) times the wages owed, plus penalty interest and costs.

Example Calculation:

• Unpaid wages/benefits: $[________________________________]
• Exemplary damages (2x): $[________________________________]
• Maximum administrative recovery (3x): $[________________________________]

C. Attorney Fees, Hearing Costs, and Transcript Costs

Under MCL § 408.482, the department may also order the employer to pay attorney costs, hearing costs, and transcript costs incurred in the proceedings.

D. Civil Action Damages

Under MCL § 408.483, in a civil action, the court may order damages of not more than the amount of unpaid wages and fringe benefits (effectively doubling the recovery), plus costs and reasonable attorney fees.

E. FLSA Damages

If applicable, under the FLSA, the Employee may recover an additional amount equal to the unpaid wages as liquidated damages (2x total), plus reasonable attorney fees and costs.

VII. DEMAND FOR PAYMENT

Based on the foregoing, the Employee hereby demands that the Employer pay the full amount of $[________________________________] in unpaid wages, fringe benefits, and other compensation within fourteen (14) calendar days of receipt of this letter.

Payment Requirements:

Payment must be made in one of the following forms:
☐ Certified check or cashier's check payable to [________________________________]
☐ Wire transfer to the following account:

• Bank Name: [________________________________]
• Routing Number: [________________________________]
• Account Number: [________________________________]
  ☐ Direct deposit to the Employee's existing direct deposit account on file
  ☐ Other agreed-upon method: [________________________________]

Payment Delivery:

Payment must be delivered to:

[________________________________]
[________________________________]
[________________________________]

OR to the Employee's attorney at:

[________________________________]
[________________________________]
[________________________________]

VIII. NOTICE OF INTENT TO FILE CLAIMS

If the Employer fails to pay the full amount demanded within fourteen (14) calendar days of receipt of this letter, the Employee intends to pursue one or more of the following remedies without further notice:

A. Michigan Department of Labor and Economic Opportunity (LEO) – Wage and Hour Division

The Employee will file a formal wage and fringe benefit complaint with the:

Michigan Department of Labor and Economic Opportunity (LEO)
Wage and Hour Division
530 West Allegan Street
P.O. Box 30476
Lansing, MI 48909-7976
Telephone: (855) 464-9243
Online Portal: https://wageandbenefitcomplaint.apps.lara.state.mi.us/
Website: https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour

Filing Requirements:

• The complaint must be filed within twelve (12) months of the alleged violation.
• The complaint must be in writing.
• The online complaint portal is available for electronic filing.
• Bilingual complaint forms are available in areas with substantial non-English speaking populations.

Important – Election of Remedies:
Filing a complaint with the Wage and Hour Division may preclude the Employee from pursuing the same claim through a civil court action. The Employee should consult with an attorney before choosing between administrative and court remedies.

B. Civil Action in Michigan Court

Alternatively, the Employee may file a civil action in the Michigan Circuit Court for [________________________________] County, or other court of competent jurisdiction, seeking:

• Full payment of all unpaid wages and fringe benefits;
• Damages of not more than the amount of unpaid wages and benefits under MCL § 408.483;
• Reasonable attorney fees and court costs;
• Prejudgment interest;
• Any other relief the court deems just and proper.

Civil Statute of Limitations: The statute of limitations for a civil action under the PWFBA is generally three (3) years from the date of the violation.

C. Federal Complaint

The Employee may file a complaint with the:

U.S. Department of Labor – Wage and Hour Division
Patrick V. McNamara Federal Building
477 Michigan Avenue, Room 847
Detroit, MI 48226
Telephone: (313) 226-7447
Website: https://www.dol.gov/agencies/whd

D. Private Action Under FLSA

The Employee may file a private action in the U.S. District Court for the Eastern or Western District of Michigan under the Fair Labor Standards Act, 29 U.S.C. § 216(b).

IX. STATE-SPECIFIC FILING INSTRUCTIONS

Filing a Complaint with the Michigan Wage and Hour Division

Step 1: Determine the Appropriate Forum
Before filing, decide whether to pursue an administrative complaint or a civil court action:
☐ Administrative complaint with the Wage and Hour Division (12-month deadline; may preclude civil action)
☐ Civil court action (3-year statute of limitations; allows broader discovery and jury trial)

Consult with an attorney before making this decision.

Step 2: Obtain and Complete the Complaint Form

Online Filing:

• Visit: https://wageandbenefitcomplaint.apps.lara.state.mi.us/
• Complete the online wage and benefit complaint form.
• Upload supporting documentation electronically.

Paper Filing:

• Download the Employment Wage Complaint Form (WHD-9801) from the Michigan LEO website.
• Complete and mail to the Wage and Hour Division.

The form requires the following information:
☐ Employee's full name, address, and contact information
☐ Social Security Number
☐ Employer's name, address, and contact information
☐ Dates of employment
☐ Job title and duties
☐ Rate of pay and pay schedule
☐ Description of the wage/fringe benefit violation
☐ Amount of wages and/or fringe benefits claimed
☐ Whether fringe benefits were provided under a written contract or policy
☐ Supporting documentation (pay stubs, timesheets, written policies, etc.)

Step 3: Submit the Complaint
☐ File online through the portal (preferred method)
☐ Mail the completed form and supporting documents to:
Michigan Department of Labor and Economic Opportunity
Wage and Hour Division
530 West Allegan Street
P.O. Box 30476
Lansing, MI 48909-7976

Step 4: Department Investigation

• The department will acknowledge receipt and notify the employer.
• The department will investigate the claim and attempt informal resolution within a reasonable time.
• If informal resolution fails, the department will issue a determination within ninety (90) days of the complaint filing.
• The determination will include: specific violations found, wages and benefits due, and penalties assessed.

Step 5: Hearing (if requested)

• If either party disagrees with the determination, either party may request a hearing.
• A hearings officer will be appointed to conduct the hearing.
• The hearings officer has subpoena power to compel testimony and documents.
• A final determination will be issued after the hearing.

Step 6: Judicial Review

• Either party may seek judicial review of a final administrative determination.
• The review is filed in the circuit court for the county where the violation occurred.

Filing Deadlines and Statute of Limitations

X. RESPONSE DEADLINE AND CONSEQUENCES

Deadline

The Employer must respond to this demand and remit full payment within fourteen (14) calendar days of receipt of this letter, which the Employee calculates to be no later than [__/__/____].

Consequences of Non-Payment

If the Employer fails to pay the full amount demanded within the specified timeframe, the Employee will:

1. File an Administrative Complaint or Civil Action: The Employee will pursue remedies through the Wage and Hour Division or the Michigan Circuit Court, as strategically appropriate.

2. Seek Penalty Interest: Upon filing a complaint, the 10% annual penalty interest under MCL § 408.482 begins accruing from the date the employer is notified of the complaint.

3. Seek Exemplary Damages: If the violation is flagrant or repeated, the Employee will seek exemplary damages of up to twice (2x) the unpaid wages and fringe benefits.

4. Seek Attorney Fees and Costs: The Employee will seek reimbursement of all attorney fees, court/hearing costs, and transcript costs.

5. Report Retaliation: Any retaliation against the Employee for making this demand or filing a complaint is strictly prohibited under MCL § 408.488 and will result in additional claims and damages.

Preservation of Evidence

The Employer is hereby placed on notice of its obligation to preserve all documents and records related to the Employee's employment, including but not limited to:

• Payroll records, time sheets, and attendance records
• Employment agreements, offer letters, and contracts
• Personnel files and performance records
• Written fringe benefit policies (vacation, sick, holiday, bonus plans)
• Commission or bonus plan documents
• Wage deduction authorization forms
• Pay stubs and wage statements
• Email and written communications regarding wages or benefits
• Electronic records, databases, and backup media
• Accounting and financial records related to employee compensation

Destruction or alteration of relevant evidence may result in adverse inferences, spoliation sanctions, and additional penalties.

XI. RESERVATION OF RIGHTS

The Employee expressly reserves all rights, claims, and remedies available under Michigan state law, federal law, and common law, including but not limited to claims for:

• Unpaid wages under the PWFBA (MCL § 408.471 et seq.)
• Unpaid fringe benefits under the PWFBA (MCL § 408.473)
• Penalty interest under MCL § 408.482
• Exemplary damages under MCL § 408.482
• Civil action damages under MCL § 408.483
• Unpaid minimum wage under the Improved Workforce Opportunity Wage Act
• Unpaid overtime under MCL § 408.414a
• Unpaid earned sick time under MCL § 408.423
• Violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.
• Breach of contract (written or oral)
• Breach of implied contract
• Quantum meruit / unjust enrichment
• Promissory estoppel
• Fraud and misrepresentation
• Retaliation under MCL § 408.488
• Wrongful termination in violation of public policy
• Violations of the Elliott-Larsen Civil Rights Act (MCL § 37.2101 et seq.) if applicable
• Any other claims arising from the employment relationship

Nothing in this letter shall be construed as a waiver or release of any claim or right of the Employee. This letter is a settlement demand and an attempt to resolve this matter without litigation. All communications are made subject to Michigan Rule of Evidence 408 and are protected as part of settlement negotiations.

XII. SIGNATURE AND VERIFICATION

I, the undersigned, declare under penalty of perjury that the information set forth in this demand letter is true and correct to the best of my knowledge and belief.

Employee/Claimant Signature:

_____________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable):

_____________________________________________

Printed Name: [________________________________]

Michigan Bar Number (P#): [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Wage Claim Demand Letter was served upon the Employer by the following method(s):

☐ Certified U.S. Mail, Return Receipt Requested, to:
[________________________________]
[________________________________]
[________________________________]
Tracking Number: [________________________________]

☐ First-Class U.S. Mail to the same address.

☐ Hand Delivery to: [________________________________]

☐ Email to: [________________________________]

☐ Facsimile to: [________________________________]

_____________________________________________
Signature of Person Serving

XIV. EXHIBITS AND ATTACHMENTS CHECKLIST

The following documents are attached to and incorporated by reference into this demand letter. Check all that are included:

Employment Documentation

☐ Employment agreement, offer letter, or contract
☐ Employee handbook or relevant policy excerpts
☐ Written fringe benefit policy (vacation, sick, holiday, bonus)
☐ Commission agreement or bonus plan
☐ Wage deduction authorization forms (or evidence of lack thereof)
☐ Job description
☐ Written notice of pay rate and schedule

Pay Records

☐ Pay stubs / itemized wage statements for the relevant pay periods
☐ Final paycheck (if received, showing shortfall)
☐ W-2 forms for the relevant tax year(s)
☐ 1099 forms (if applicable)
☐ Direct deposit records or bank statements showing deposits

Time and Attendance Records

☐ Time sheets or time clock records
☐ Work schedules
☐ Employee's personal log of hours worked
☐ Electronic timekeeping system records or screenshots

Fringe Benefit Documentation

☐ Written fringe benefit policies or plans
☐ Vacation/PTO accrual records
☐ Sick leave accrual records
☐ Bonus plan documentation and calculations
☐ Commission plan documentation and calculations
☐ Paid medical leave records

Communications

☐ Written correspondence regarding wages or fringe benefits
☐ Email communications about compensation
☐ Text messages regarding pay
☐ Written resignation or termination notice
☐ Prior demand letters or requests for payment

Calculation Documentation

☐ Detailed wage calculation spreadsheet
☐ Overtime calculation documentation
☐ Fringe benefit calculation documentation
☐ Penalty interest calculation
☐ Exemplary damages calculation

Other Supporting Documentation

☐ Photographs of posted work schedules or wage notices
☐ Co-worker affidavits or declarations
☐ State or federal agency correspondence
☐ Other: [________________________________]

XV. MICHIGAN-SPECIFIC PRACTICE NOTES

Key Provisions of the Michigan Payment of Wages and Fringe Benefits Act

1. Wages AND Fringe Benefits: Michigan's PWFBA uniquely covers both wages and fringe benefits (vacation, sick, holiday, bonus pay, etc.) under a single statute. To recover fringe benefits, the employee must demonstrate that the benefits were provided under a written contract or written policy. Oral promises of fringe benefits may not be enforceable under the PWFBA.

2. Election of Remedies: Filing a complaint with the Michigan Wage and Hour Division may prevent the employee from also pursuing a civil court action for the same claim. This is a critical strategic decision. The administrative process is faster and free but has a shorter deadline (12 months) and more limited discovery. A civil action offers broader discovery, jury trial rights, and a longer statute of limitations (3 years). Consult an attorney before choosing.

3. 12-Month Administrative Deadline: Complaints with the Wage and Hour Division must be filed within 12 months of the alleged violation. This is a short deadline -- act promptly.

4. Penalty Interest (10% Annually): Under MCL § 408.482, the employer must pay 10% annual interest on unpaid wages and benefits from the date the complaint is filed. This creates an ongoing financial incentive for the employer to resolve claims quickly.

5. Exemplary Damages (Up to 2x): For flagrant or repeated violations, the department may award exemplary damages of up to twice the unpaid wages and benefits. The "flagrant or repeated" standard means the employee should document any pattern of non-payment or the employer's willful disregard of wage obligations.

6. 90-Day Determination: The Wage and Hour Division is required to issue a determination within 90 days of a complaint being filed. While this timeline is not always met in practice, it provides a relatively fast resolution process.

7. Subpoena Power: In administrative hearings, the hearings officer has the authority to administer oaths and issue subpoenas. This means relevant documents and testimony can be compelled from the employer.

8. Retaliation Protection (MCL § 408.488): Michigan law prohibits employers from retaliating against employees who file wage complaints, assist in investigations, or exercise any rights under the PWFBA. Retaliation claims may give rise to separate damages.

9. Earned Sick Time: Under the Earned Sick Time Act (ESTA), effective February 21, 2025, all employers must provide earned sick time. Large employers (11+ employees) must allow up to 72 hours per year; small employers (10 or fewer) must allow up to 40 hours per year. Employees accrue 1 hour for every 30 hours worked. Complaints for earned sick time violations must be filed within 6 months (shorter deadline than the general 12-month deadline).

10. Online Filing Available: Michigan offers an online complaint portal at https://wageandbenefitcomplaint.apps.lara.state.mi.us/ which streamlines the filing process.

Important Deadlines Summary

Practical Considerations

• Written policy requirement for fringe benefits: Ensure you have a copy of the employer's written fringe benefit policy. Without a written contract or written policy, fringe benefit claims under the PWFBA may fail.
• Choose your forum carefully: The election of remedies issue is critical. Discuss with an attorney whether to file administratively or in court before taking any action.
• Act within 12 months: The administrative complaint deadline is only 12 months, which is much shorter than the 3-year civil statute of limitations. If you miss the 12-month window, you may still pursue a civil action.
• Document the pattern: If seeking exemplary damages, document any pattern of late payments, repeated violations, or willful conduct by the employer.
• Online portal for filing: Use the online complaint portal for faster and more efficient filing.
• Preserve evidence: Michigan requires employers to maintain payroll records. If the employer has failed to keep proper records, this may support adverse inferences in your favor.
• Consult an attorney: Michigan wage law involves unique issues including election of remedies, written policy requirements for fringe benefits, and the interplay between state and federal claims. Consult a licensed Michigan employment attorney.

SOURCES AND REFERENCES

• Payment of Wages and Fringe Benefits Act (PA 390 of 1978): https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-390-of-1978
• Michigan LEO – Wage and Hour Division: https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour
• Michigan Wage and Benefit Complaint Portal: https://wageandbenefitcomplaint.apps.lara.state.mi.us/
• Overview of the PWFBA (Brochure): https://www.michigan.gov/-/media/Project/Websites/leo/Documents/WAGE-HOUR/whd-98xx-Brochures/WHD-9801-Brochure-390/Brochure-Act-390.pdf
• Michigan Legal Help – Filing a Wage Complaint: https://michiganlegalhelp.org/resources/employment/filing-complaint-michigan-wage-and-hour-program
• U.S. Department of Labor, Wage and Hour Division: https://www.dol.gov/agencies/whd

This template is provided for informational and educational purposes only and does not constitute legal advice. The use of this template does not create an attorney-client relationship. Laws and regulations change frequently, and this template may not reflect the most current legal standards. Consult a licensed Michigan attorney before sending this letter or taking any legal action. Review all statutory citations for current applicability.