(c) If a payroll debit card is used, then the cardholder, not the issuer or the bank,
shall possess ownership of the funds. Neither the issuer nor the bank shall retain a
reversionary interest in the funds. The reversal of a deposit of wages made to a payroll
debit card account in error is not considered reversionary when it involves any of the
(i) A credit made to the wrong employee account.
(ii) A duplicate credit made to an employee account.
(iii) A credit that differs from the amount in the transmittal instructions.
(iv) A correction as described in section 7(4) of the act, being MCL 408.477(4).
(d) If an employer deposits wages into a pooled account accessible to an employee
using a payroll debit card, the employer shall maintain records of each deposit sent to
the card issuer for that account showing the amount of wages deposited for each
employee and the date of the deposit. In addition, each cardholder's ownership interest
in the funds deposited shall be indicated on records maintained by the card issuer,
the depository institution's deposit account, or a third party.
History: 2006 AACS.
R 408.9036 Lack of jurisdiction.
Rule 36. The following complaints shall be dismissed:
(a) A complaint alleging violation of sections 2 to 10 and 13a of the act, if the filing
date is more than 12 months after the date the violation is alleged to have occurred.
(b) An employee discrimination complaint alleging violation of section 13(2) of the
act, if the filing date is more than 30 days after the date the violation is alleged to have
(c) A complaint involving fringe benefits not defined under section 1(e) of the act.
(d) A complaint involving employment in the classified state civil service system.
(e) A complaint involving railroad employees covered by the railway laborers act.
(f) A complaint for which a civil action is filed by the claimant or for which there is a
civil judgment that includes the same wages or fringe benefits claimed with the
(g) A complaint alleging either of the following:
(i) A claim period covered by a discharge of debt.
(ii) Non-payment of wages or fringe benefits earned prior to the filing of a
bankruptcy petition or reorganization plan.
(h) A complaint for wages or fringe benefits earned by an employee of an employer
not identified in section 1(d) of the act, including any of the following:
(i) The United States postal service.
(ii) A foreign government.
(iii) Employment by an Indian tribe on a reservation or tribal land.
(iv) An employee subject to the regulations of the United States office of personnel
management, formerly known as the United States civil service commission.
(i) A complaint requiring the enforcement or interpretation of a fringe benefit
provision of a private sector collective bargaining agreement.
(j) A complaint filed for 1 of the following:
(i) Work performed outside of Michigan for an employer outside of Michigan.