Michigan Final Paycheck Law — 2026

Frequently Asked Questions

• What is Michigan's final paycheck law in 2026?

  Under Michigan's Payment of Wages and Fringe Benefits Act (Act 390 of 1978), employers must pay all earned wages by the next regularly scheduled payday following an employee's separation — whether the employee was fired, laid off, or quit voluntarily. Agricultural workers involved in hand harvesting of crops must be paid within 1 working day. The federal FLSA sets no specific deadline for final paychecks.

• Is the final paycheck deadline the same whether I was fired or quit in Michigan?

  Yes. Michigan Act 390 applies the same standard to both situations: the next regularly scheduled payday. Unlike California (same day if fired, 72 hours if quit) or other states with differentiated rules, Michigan does not distinguish between voluntary and involuntary separations for final paycheck timing.

• How long does a Michigan employer have to issue a final paycheck?

  The employer must issue the final paycheck no later than the next regularly scheduled payday following the separation. For bi-weekly pay periods, this could be up to 14 days; for weekly pay periods, up to 7 days. Agricultural hand-harvest workers are a special case: they must be paid within 1 working day of termination.

• Does Michigan require accrued vacation pay in the final paycheck?

  Only if the employer's written policy or employment agreement promises vacation payout upon termination. Michigan Act 390 governs fringe benefits including accrued vacation, but it enforces what the employer has promised. If the employer's policy explicitly excludes vacation payout at separation, Michigan law generally does not override it. Where vacation payout is owed, it must be paid on the same timeline as the final wages.

• What penalty does a Michigan employer face for a late final paycheck?

  The Michigan Department of Labor & Economic Opportunity (LEO) may assess a civil penalty of up to $1,000 per violation against an employer who violates Act 390. Employees can also recover unpaid wages through a wage complaint filed with LEO or through a private civil lawsuit in Michigan circuit court, plus interest on the overdue amounts.

• Can a Michigan employer withhold my final paycheck because I didn't return equipment?

  Generally no. Under Michigan Act 390, employers may only make deductions from wages with written employee authorization or as required by law. Refusing to issue a final paycheck because an employee failed to return property is typically unlawful. The employer must pursue the missing property through a separate legal process.

• Does my Michigan final paycheck have to include commissions or bonuses?

  Yes, if the commissions or bonuses are earned under your employment agreement. Michigan Act 390 covers all wages earned and due. If a commission requires a specific calculation period to conclude, payment may be deferred until the amount can be determined — but indefinite withholding is not permitted.

• Are independent contractors covered by Michigan's final paycheck law?

  No. Michigan Act 390 protects employees, not independent contractors. If you believe you were misclassified as a contractor when you functioned as an employee, you may have a valid claim under Act 390. Contact Michigan LEO or an employment attorney to evaluate misclassification.

• What is the statute of limitations for a Michigan final paycheck claim?

  The general statute of limitations for wage claims under Michigan Act 390 is 3 years from the date the wages were due. File your wage complaint with Michigan LEO or pursue a private lawsuit as soon as possible to preserve your rights within this window.

• How do I file a final paycheck complaint in Michigan?

  Submit a wage claim to the Michigan Department of Labor & Economic Opportunity (LEO), Wage and Hour Division at michigan.gov/leo. You can file online, by mail, or in person. LEO will investigate and may order the employer to pay back wages and assess civil penalties. You may also file under federal FLSA with the U.S. DOL Wage and Hour Division or bring a private lawsuit.