MI UIA MIDAS Reform Rules

Michigan UIA — Post-MIDAS Rules on Automated Fraud Determinations in Unemployment Insurance
MI · MCL § 421.62a; 2017 Mich. Pub. Acts 224-228

Status
In effect
Took effect
December 13, 2017
Applies to
Michigan Unemployment Insurance Agency; LEO (Dept. of Labor and Economic Opportunity)
Enforced by
Michigan Department of Labor and Economic Opportunity; Michigan AG (Bauserman class)

After Michigan's MIDAS automated fraud-detection system wrongly accused tens of thousands of unemployment claimants of fraud and seized their tax refunds, Michigan adopted statutory and regulatory reforms requiring human review before fraud determinations, restitution for wrongful determinations, and prohibition on fully automated fraud findings.

Who is protected: Michigan unemployment insurance claimants

Legal detail

2017 Mich. Pub. Acts 224-228 (codified in MCL §§ 421.62, 421.62a, 421.54), in response to Bauserman v. UIA (Mich. 2019, settled $20M class action). Prohibits Michigan UIA from making fraud determinations based solely on automated indicators; requires individualized review and adverse-action notice with right to contest.

Key facts

JurisdictionMI
LevelState
StrengthModerate
EnactedDecember 13, 2017
CitationMCL § 421.62a; 2017 Mich. Pub. Acts 224-228
Private right of actionYes, individuals can sue
PenaltiesRestitution to wrongfully accused claimants; civil liability under MI tort claims act
TopicsAI hiring and employment · automated decision-making · consumer protection
StatuteMCL § 421.62a (Michigan UIA Determinations)

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