12 PROPOSED ADMINISTRATIVE RULES  

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    ORR # 2003-002

     

    DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BUREAU OF WORKERS’ & UNEMPLOYMENT COMPENSATION BUREAU OF SAFETY AND REGULATION

    WAGE HOUR DIVISION

     

    PAYMENT OF WAGES AND FRINGE BENEFITS

     

    Filed with the Secretary of State on

    These rules take effect 7 days after filing with the Secretary of State

     

    (By authority conferred on the bureau of workers' and unemployment compensation by sections 9 and 12 of 1978 PA 390 and Executive Reorganization Order Nos. 1996-2, 1997-12, and 2002-1, MCL

    408.479, 408.482, 445.2001, 421.94, and 445.2004)

     

    R408.9002, R408.9012 and R408.9019 of the Michigan Administrative Code are amended.

     

    R 408.9002 Definitions; A to D.

    Rule 2. (1) As used in these rules:

    (a)       "Act" means Act No. 390 of the Public Acts of 1978, 1978 PA 390,as amended, being S MCL408.471 et seq. of the Michigan Compiled Laws, and known as the payment of wages and fringe benefits act.

    (b)    "Complainant" means any person who submits a signed complaint alleging a violation of the act and who provides the information required by the department.

    (c)    "Department" means the department of consumer and industry services.

    (d)    "Voluntary payment in full" means either of the following:

    (i)    Payment of wages and fringe benefits claimed before the issuance of a departmental determination.

    (ii)     Payment of the full amount of wages and fringe benefits due, plus the 10% per annum penalty and any exemplary damages assessed within 14 days of the date of the determination. If the last day of the 14-day period is a Saturday, Sunday, or a state holiday, then that day is excluded and the period extends until the end of the next day that is not a Saturday, Sunday, or state holiday.

    (2)   As used in the act:

    (a)       "An employee employed in a bona fide administrative capacity" means an employee who is compensated on a salary basis at not less than $250.00 per week and whose primary duty is nonmanual work directly related to management policies of the general business operations or performing functions in the administration of an educational institution.

    (b)     "An employee employed in a bona fide executive capacity" means an employee to whom all of the following provisions apply:

    (i)    Compensation is on a salary basis at not less than $250.00 per week.

     

     

    (ii)    The employee's primary duty is management.

    (iii)    The employee supervises 2 or more employees.

    (c)     "An employee employed in a bona fide professional capacity" means an amployee employee who is compensated on a salary basis at not less that than $250.00 per week and whose primary duty is any of the following:

    (i)     Work in a field of science or learning that requires knowledge acquired by a prolonged course of specialized instruction.

    (ii)    Work in a recognized field of artistic endeavor that depends upon the talent of the employee.

    (iii)    Work in an educational institution as a teacher, tutor, instructor, or lecturer.

    (d)    "Bonus" means a premium or extra or irregular remuneration in addition to wages that is awarded to an employee under a written contract or written policy.

    (e)    "Director" means the director of the department or his or her authorized representative.

    (f)    "Informally resolve" means any of the following:

    (i)    Voluntary payment in full as defined in R 408.9002.

    (ii)    A settlement agreement as described in R 408.9026.

    (iii)    Withdrawl Withdrawal of the complaint as described in R 408.9027.

     

    R 408.9012  Statement of hours worked and pay earned.

    Rule 12. An employer shall furnish each employee with a written statement of the information required by section 9(2) of the act in a retainable form.

     

    R 408.9019  Acceptance of complaints by the department.

    Rule 19. The department shall accept a complaint form or other written statement which is signed by the complaintant and which provides all of the following information:

    (a)    Name and address of complainant.

    (b)    Name and address of employer who is alleged to have committed the violation.

    (c)    The date or dates the violation is alleged to have occurred.

    (d)    An estimate of the amount of wages or fringe benefits claimed.