2015 Michigan Compiled Laws
Chapter 408 - Labor
Act 390 of 1978 PAYMENT OF WAGES AND FRINGE BENEFITS (408.471 - 408.490)
Section 408.486 Issuance of check or other order for payment of wages; violation; penalty; prima facie evidence.
408.486 Issuance of check or other order for payment of wages; violation; penalty; prima facie evidence.
Sec. 16.
(1) An employer who issues a check or other order for the payment of wages and who, at the time of issuance, knows or should know that the check or other order shall not be paid, is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both.
(2) Any of the following is prima facie evidence that the person at the time of issuance of the check or other order for the payment of wages, knew or should have known it should not be paid:
(a) Proof that, at the time of issuance, there was not an account with the drawee.
(b) Proof that, at the time of issuance, there were not sufficient funds or credit with the drawee and that the employer failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order.
(c) Proof that even though presentment was made within a reasonable time, the employer did not have sufficient funds or credit with the drawee, and failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order.
History: 1978, Act 390, Imd. Eff. Aug. 1, 1978
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