Michigan certified payroll: registration, the LEO database and the 10 day rule

Who sends certified payroll on a Michigan state project, to whom, and what happens when it goes wrong, from MCL 408.1122 and MCL 408.1102a, read November 4, 2026.

Last reviewed against the sources it cites

The short answer

Michigan's statute requires a contractor or subcontractor on a state project to transmit certified payroll within 10 days after each pay period ends. On or after April 2, 2026, it goes to a database that LEO must maintain, unless an exemption or excuse applies, such as Davis-Bacon terms or payroll already owed to the state transportation department. This page could not confirm the database is live, so ask LEO or the contracting agent where to send payroll.

  • On or after April 2, 2026, one year after 2024 PA 110 took effect on April 2, 2025, a date the Act gives only as a formula and the MCL history line resolves, the statute requires a contractor or subcontractor to transmit certified payroll records to a database LEO must maintain, unless an exemption or excuse applies (MCL 408.1122(1), (2) and (6)).
  • The statute counts 10 days after the pay period ends without defining them, and LEO's own duty to update the database by the 16th of each month is not your deadline (MCL 408.1122(1) and (4)).
  • On a state project the act covers, a contractor cannot bid on or perform the work without a registration valid for 1 year, and the bid must include copies of its own registration and of each subcontractor already selected (MCL 408.1102(3) and (5); MCL 408.1102a(3)).
  • Contracts with Davis-Bacon wage terms, or with minimum wage schedules that match collective bargaining prevailing wages, are exempt from the act (MCL 408.1102(1)), and so are state projects paid partly from a school code millage authorized before the act took effect (MCL 408.1109(2)).
  • The act lets LEO assess a civil penalty of up to $5,000 per violation plus an additional 10 percent penalty as the commissioner determines, with Treasury offset against money the state owes the employer if it goes unpaid (MCL 408.1113(1) and (3) to (5)).
  • Senate Bill 438 would repeal the act, but its bill page, read November 4, 2026, shows referral to committee on June 24, 2025 and no later action besides a sponsor removal.

Where the statute sends payroll: the contracting agent, then a LEO database

The old prevailing wage act was repealed by 2018 PA 171. The new act, 2023 PA 10, took effect on February 13, 2024 (MCL history). 2024 PA 110 added registration and the 10 day rule. Its text gives the effective date only as a formula, the 91st day after final adjournment of the 2024 Regular Session, and the MCL history page gives April 2, 2025. LEO, the Department of Labor and Economic Opportunity, is "the commissioner" in the act (MCL 408.1101(a)).

When you transmitWhere the statute sends certified payroll
April 2, 2025 to April 1, 2026The contracting agent, within 10 days after each pay period (MCL 408.1122(1)(a)).
On or after April 2, 2026LEO's internal payroll database, which must accept internet submissions, within 10 days after each pay period (MCL 408.1122(1)(b) and (2)).

The statute keys the destination to the date you transmit, so on its wording a late record for an earlier pay period goes to the database if transmitted on or after April 2, 2026. This page could not confirm the database is live or how that late case is handled. For other states, see the state by state requirements table.

Which jobs are covered, and which are not

A state project is either an energy facility project or construction, alteration, repair or similar work on public buildings, schools, works, bridges, highways or roads that a public contracting agent authorizes and the state sponsors or finances in whole or in part (MCL 408.1101(l)).

Your jobWhat applies
Solar or wind facility of 2 MW or more whose power is sold or used off site, or a storage facility of 2 MW or moreCovered, even with a private owner (MCL 408.1101(d) to (n)), though payroll is excused for work that is solely routine maintenance or repair (MCL 408.1122(6)(b)).
Another law already requires your certified payroll to go to the state transportation departmentExcused from transmitting under section 22(1), whether to the contracting agent or to the database (MCL 408.1122(6)(a)). The statute names no such law.
Davis-Bacon wage termsExempt from the act (MCL 408.1102(1)), which on its face includes payroll and registration. Davis-Bacon and Related Acts construction contracts over $2,000 carry the weekly certified payroll clause at 29 CFR 5.5(a)(3)(ii)(A) (see our WH-347 guide), and FHWA-1273 (revised June 25, 2026), section III.3.b(1), says the same on federal-aid highway work (see our FHWA-1273 guide).
Minimum wage schedule equal to local prevailing wages under collective bargaining agreementsAlso exempt (MCL 408.1102(1)).
Contract or bid before February 13, 2024, or a project paid in whole or in part from a millage authorized under the revised school code (1976 PA 451) before thenThe act does not apply (MCL 408.1109(1) and (2)).

Register before you bid or work

Under MCL 408.1102(3) to (5), a contractor cannot bid on or perform state project work without a state project registration, or list or hire a subcontractor that lacks one. Subcontractors need their own, and each bid includes copies of the contractor's registration and of each subcontractor already selected.

On the text, the exemptions above reach registration too, but LEO's practice is unconfirmed, so ask before you skip one.

  1. Gather the data and proof. MCL 408.1102a(2) lists name, address (an out-of-state firm needs a Michigan records custodian and agent for service), phone, entity type, each person with a financial interest, tax ID and unemployment insurance number. Add a compliance statement, supporting documents and anything else LEO requires (subsection (2)(b) to (d)).
  2. Apply, pay and renew. Submit LEO's form and the fee, which LEO sets. LEO has 15 business days after a complete application and fee to grant it or deny it with written reasons. A registration lasts 1 year, with one annual renewal date.

LEO may suspend or revoke a registration for significant or repeated violations of the act or another law, but only once its procedure rule is in effect (subsection (6)).

What the record must show, and who attests

Section 22(2)(b) requires LEO's database to hold, for each construction mechanic: classification and apprentice, journeyman or other level; gross wages paid in the pay period; hours worked each day with starting and ending times; and hourly wage, overtime and fringe rates.

It must also ask the submitter to attest by electronic signature that the record is complete and accurate, that rates paid meet the act, that they reviewed it, and that a violation may lead to registration suspension, revocation or denial (subsection (2)(d)). Keep records for 3 years (subsection (1)).

The 10 day deadline

Each contractor and subcontractor must transmit its record "not later than 10 days after the end of a pay period" (MCL 408.1122(1)). The statute does not define "days". Other sections say "working days" (MCL 408.1113(3)) and "business days" (MCL 408.1102a(4)), which suggests calendar days here, so this page counts calendar days. If the tenth day lands on a weekend or holiday, transmit the business day before.

What happens when payroll is late, false or missing

ProblemWhat the act says
Late, false or missing payrollSection 22 names no dollar penalty, so the general penalties apply: up to $5,000 per violation plus an additional 10 percent penalty as the commissioner determines, on an unstated base (MCL 408.1113(1)), and a civil fine of up to $5,000 that a county prosecutor or the attorney general may sue to collect (MCL 408.1108(1)). You must not submit a record you know is false (MCL 408.1122(5)).
Short wagesEvery state project contract must let workers sue the contractor or subcontractor for damages, costs and attorney fees (MCL 408.1112). After a complaint, LEO may order the contracting agent, contractor or subcontractor, jointly and severally, to pay what is owed (MCL 408.1116).

A civil penalty is due "not later than 15 working days after the date the penalty is issued and not subject to further appeals" (MCL 408.1113(3)). Another section lets an employer or employee request review of a determination within 14 days after notification (MCL 408.1121(1)). The statute does not say how the two fit together, so request review within 14 days.

Detroit city-funded projects have a separate monthly report

For construction projects with more than $3 million in City funding, Executive Order 2021-2, a Detroit resident workforce rule, applies, per the City's fact sheet. The contractor's point person submits on the 15th of each month the previous month's certified payrolls for each subcontractor, summary reports and two proofs of residency per Detroit worker (City FAQ). Non-compliance can mean withheld payments, refusal of future bids or debarment from City work for up to one year. Neither document, both undated, says how this relates to the state requirement, and the order itself was not read, so confirm with CRIO.

What this page could not confirm

Every michigan.gov page tried for LEO and the Michigan Department of Transportation (MDOT) returned an access error, so these points rest on the statute. Ask the contracting agent or LEO about the registration fee and form, where to send payroll, and whether the database takes an uploaded file such as a WH-347.

One MDOT page did load. Its construction manual wiki, last edited August 27, 2026, says contractors on federal-aid construction contracts submit weekly certified payrolls to the Engineer through a third-party system, LCPtracker. It does not mention the Michigan act, so who MCL 408.1122(6)(a) excuses stays unconfirmed.

Help with the payroll

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Questions

Do I still send Michigan certified payroll to the contracting agent?
By the statute's wording, not for a record you transmit on or after April 2, 2026. It goes to LEO's database unless an exemption or excuse applies. The launch is unconfirmed, so ask where to send it.
Does a subcontractor need its own state project registration?
Yes, on a state project the act covers. Without one it cannot perform the work or sign a subcontract (MCL 408.1102(4)).
Is a Davis-Bacon job covered by Michigan's payroll database?
The statute exempts a contract with Davis-Bacon wage terms "from the provisions of this act", which on its face includes the payroll rule. LEO's practice is unconfirmed, so read your contract's payroll terms.
What is the penalty for late certified payroll in Michigan?
Section 22 sets no separate amount. LEO may assess up to $5,000 per violation and an additional 10 percent penalty as the commissioner determines.

Sources

Every figure on this page links to its source where it first appears. The full list, in order:

  1. MCL 408.1122 legislature.mi.gov
  2. MCL 408.1102a legislature.mi.gov
  3. Davis-Bacon terms legislature.mi.gov
  4. 2024 PA 110 legislature.mi.gov
  5. MCL history line legislature.mi.gov
  6. MCL 408.1109 legislature.mi.gov
  7. MCL 408.1113 legislature.mi.gov
  8. bill page legislature.mi.gov
  9. repealed by 2018 PA 171 legislature.mi.gov
  10. 2023 PA 10 legislature.mi.gov
  11. MCL 408.1101 legislature.mi.gov
  12. 29 CFR 5.5 ecfr.gov
  13. FHWA-1273 fhwa.dot.gov
  14. MCL 408.1108 legislature.mi.gov
  15. MCL 408.1112 legislature.mi.gov
  16. MCL 408.1116 legislature.mi.gov
  17. MCL 408.1121 legislature.mi.gov
  18. fact sheet devtraining.detroitmi.gov
  19. City FAQ training.detroitmi.gov
  20. construction manual wiki mdotwiki.state.mi.us

Questions about your Michigan project

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