Section R. 408.9036 - Lack of jurisdictionRule 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 occurred.(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 department.(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.(ii) Work performed in Michigan at a fixed site for an employer outside of Michigan subject to the jurisdiction of another states wage protection law and that state asserts jurisdiction.(iii) Work performed outside of Michigan for an employer located in Michigan.(k) A complaint filed for monies deducted for taxes.(l) A complaint filed for deductions required or expressly permitted by law.(m) A complaint that alleges wages or fringe benefits earned by an employee, who has agreed to arbitrate compensation disputes under the authority of the federal arbitration act.(n) A complaint that alleges wages or fringe benefits earned by an employee who has given contractual assent, not just a policy acknowledgement, to arbitration by the American arbitration association (aaa) for the issue or issues identified in the complaint.(o) A complaint that alleges wages or fringe benefits earned by a public employee, who has a case pending, determination from, or files a case with the Michigan employment relations commission (merc) under the public employment relations act (pera) for the issue or issues identified in the complaint.Mich. Admin. Code R. 408.9036