PAYMENT OF WAGES AND FRINGE BENEFITS
Act 390 of 1978
408.473 Payment of fringe benefits; terms.
Sec. 3.
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.
History: 1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.
For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1982–2022 · leading case:
Gravely v. Pfizer, Inc, 427 N.W.2d 613 (Mich. Ct. App. 1988).
Gravely v. Pfizer, Inc, 427 N.W.2d 613 (Mich. Ct. App. 1988).
· cites it 3× “MCL 408.473; MSA 17.277(3). The wages and fringe benefits act sets forth the following definitions of "wages” and "fringe benefits”: (e) "Fringe benefits” means compensation due an employee pursuant to a written contract or written policy for holiday, time off for sickness or…”
Mahnick v. Bell Co., 662 N.W.2d 830 (Mich. Ct. App. 2003).
“In Gravely , this Court determined that the incentive compensation sought by the plaintiff was a bonus falling under the definition of “fringe benefits” that were to be paid in compliance with the terms of her employer’s written policy, MCL 408.473, rather than a commission…”
Carpenter v. City of Flint Sch. Dist., 321 N.W.2d 772 (Mich. Ct. App. 1982).
· cites it 2× “In order to provide for an expeditious settlement of a dispute regarding wages or fringe benefits the act also provides that disputes are to be handled, initially, by the Department of Labor.”
Robinson v. V&S Detroit Galvanizing, LLC, 195 F. Supp. 3d 916 (E.D. Mich. 2016).
“Indeed, WFBA § 408.473 provides that “[a]n 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.”
D Matthew Wilk v. State Bank (Mich. Ct. App. 2022).
· cites it 3× “472; MCL 408.473. How could it be otherwise? Therefore, the trial court properly granted summary dismissal of the WPA claim, and I dissent from the majority’s ruling to the contrary.”
Detroit Pub. Schs. Cmty. Dist. v. Steven Wasko (Mich. Ct. App. 2021).
· cites it 2× “” MCL 408.473. An employer cannot “withhold a payment of compensation due an employee as a fringe benefit to be paid at a termination date unless the withholding is agreed upon by written contract or a signed statement obtained with the full and free consent of the employee…”
Matthew Wilk v. State Bank (Mich. Ct. App. 2022).
· cites it 2× “472 MCL 408.473 by “demanding to be paid the full 10% fee-share” when he “was paid at month-end July 2020.”
Anthony Roberts v. Hbpo North Am. Inc (Mich. Ct. App. 2016).
“471(e); MCL 408.473 (providing that under Michigan law, fringe benefits, including a bonus, shall be paid “in accordance with the terms set forth in the written contract or policy.”
Robert E Heine v. MacH 1 Global Servs. Inc (Mich. Ct. App. 2017).
“” MCL 408.473. An employer is not permitted to “withhold a payment of compensation due an employee as a fringe benefit to be paid at a termination date unless the withholding is agreed upon by written contract or a signed statement obtained with the full and free consent of the…”
Robert E Heine v. MacH 1 Global Servs. Inc (Mich. Ct. App. 2017).
“” MCL 408.473. An employer is not permitted to “withhold a payment of compensation due an employee as a fringe benefit to be paid at a termination date unless the withholding is agreed upon by written contract or a signed statement obtained with the full and free consent of the…”
Mason v. Anthony, 341 N.W.2d 493 (Mich. Ct. App. 1983).
“277(l)(e) and MCL 408.473; MSA 17.277(3), entitling complainant to any fringe benefits.”
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