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Oct15

Notice of Pay Rate and DMV Search

Dear Sir or Madam, I have two questions regarding Michigan employment laws. (1) Are Michigan employers legally obligated to provide written notice of wage rates to employees (i.e., new hires, all employees), similar to New York (per its Wage Theft Protection Act)? (2) Is a Michigan employer allowed to perform a search of an employee’s DMV records? If so, what steps must the employer take? Also, what procedures must the employer follow if it makes an employment decision based on the results of this DMV search?

There is no current law requiring Michigan employers to provide written notice of wages to employees neither at the time of hiring nor annually like New York’s Wage Theft Protection Act. Michigan employers are required to provide employees with a retainable pay statement of wages indicating hours worked, gross wages paid, an itemization of deductions and the dates for which the wages are paid. Additionally, employers must notify employees of a wage reduction before it goes in to affect.

Employers in Michigan can request an employee’s driving records. There is no current legislation requiring certain steps be taken in doing so. Employers can purchase driving records for a small fee directly from the state or use the services of a background checking agency. Prior to beginning any type of background check it’s important to have a completed employment application and signed consent form authorizing a background check.

When making an employment decision based on the results of a DMV search the nature of the job and its driving requirements as well as the type of driving infractions and the amount of time passed from any infractions must all be taken in to account. It’s advisable for employers to have a standard identifying the types of infractions that would bar an applicant from employment. Make these standards clear to applicants for positions that require driving. Be sure to uniformly apply these standards to all applicants.

This entry was posted on Wednesday, October 15th, 2014 at 8:20 pm and is filed under
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2 Responses to “Notice of Pay Rate and DMV Search”

  1. Anna Says:

    Thank you very much for your prompt reply.

    Regarding my second question about searching an applicant’s DMV records prior during the pre-employment process, are Michigan employers allowed to conduct this search even if the job does not require driving? If so, are there additional precautions the employer must take?

    Thanks again. I genuinely appreciate your time and expertise.

  2. hrlady Says:

    Hi Anna,
    I’m unable to find legislation specifically prohibiting employers from obtaining an applicant’s DMV record if the job doesn’t require driving. This doesn’t mind that doing so is a good idea. It’s best to have to business related reason for conducting any type of background search. Let’s say you review all applicants’ DMV records prior to making a job offer. You decide that you don’t want to hire anyone with a DUI conviction even if the job doesn’t require driving. It’s possible that all the applicants who fail this criteria may fall under a certain protected characteristic; thus, creating unintentional discrimination. Now, if there was a legitimate business reason for the criteria then you would have a solid defense against a discrimination claim.
    It’s best practice to obtain a signed consent form from applicants prior to conducting any background check. Include the type of checks to be conducted. HTH.

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