Labor Laws in Michigan
Contents
Michigan labor laws are designed to protect workers’ rights in the state. These laws cover various topics, from minimum wage and overtime pay to discrimination and workplace safety. Employers must adhere to these laws to provide their employees with a safe and fair work environment.
Michigan has several labor laws to protect workers and ensure fair labor practices. Here are some of the essential Michigan labor laws:
- Minimum wage: The minimum wage in Michigan is currently $9.87 per hour for non-tipped employees and $3.67 per hour for tipped employees. The minimum wage is adjusted annually for inflation.
- Overtime pay: Michigan law requires employers to pay non-exempt employees overtime pay at 1.5 times their regular pay rate for any hours worked over 40 in a workweek.
- Discrimination: Michigan law prohibits employment discrimination based on race, color, national origin, sex, religion, age, disability, height, weight, or marital status. Employers are also prohibited from retaliating against employees who report discrimination or harassment.
- Workers’ compensation: Employers in Michigan must carry workers’ compensation insurance to cover employees injured or ill due to their work. Workers’ compensation benefits may include medical expenses, lost wages, and vocational rehabilitation.
- Child labor: Michigan law prohibits the employment of minors under 14, except for certain limited exceptions. Minors ages 14 and 15 may work limited hours and only in specific industries, while minors ages 16 and 17 may work longer hours in more industries but are still subject to certain restrictions.
- Family and medical leave: Michigan law requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave to eligible employees for specific family or medical reasons, such as the birth or adoption of a child or to care for a seriously ill family member.
These are just some of the key Michigan labor laws. Employers and employees in Michigan should also be familiar with federal labor laws, such as the Fair Labor Standards Act, which sets minimum wage and overtime requirements, among other things.
Michigan Labor – Breaks
Michigan labor law requires employers to provide certain breaks to employees. While Michigan has standards detailing the meal and lunch breaks that must be offered to workers, it does not require that additional, shorter break times be provided. The criteria for meal periods in Michigan are described in depth on this page. The Michigan government has no laws requiring employees to be given one or more workdays of rest, unlike some states that do. As a result, in Michigan, employers are free to decide whether to give their workers breaks or rest periods.Here are the main breaks required by Michigan labor law:
Meal breaks
Employers in Michigan must provide a meal period of at least 30 minutes to employees who work five or more consecutive hours. The meal period must be unpaid unless the employee is required to work during the meal period. Employees who work during the meal period must be paid for the time worked.
Rest breaks
Employers in Michigan are not required to provide rest breaks to employees. However, if an employer chooses to provide rest breaks, any breaks lasting 20 minutes or less must be paid.
Nursing mothers’ breaks
Michigan law requires employers to provide reasonable unpaid break time for nursing mothers to express breast milk for their infant child up to 1 year after birth.
It’s worth noting that Michigan law does not require employers to provide vacation or sick leave to employees. However, if an employer has a policy or practice of providing paid time off, they must follow their policy or practice.
Michigan Maternity Laws
Michigan does not have laws regarding maternity leave but instead uses two kinds of federal laws to protect employees. It is illegal for an employer to terminate a pregnancy or an employee on leave because of these necessities. The Pregnancy Discrimination Act states that employed and expecting women shall not be discriminated against in the workplace. However, if the company or business is laying off employees due to financial reasons or other lawful reasoning, expectant women and those on maternity leave shall not be exempt from termination.
Maternity leave is available for both female and male employees for various reasons. Maternity leave is protected by the 1993 Family and Medical Leave Act, which allows employees to take a leave of absence for personal reasons. These reasons often include hospitalization, the care of an ill child, the care of an elderly parent, maternity leave, and any other psychological or medical need. Maternity leave allows a mother to care for her newborn and adoptive parents to bond with their new children. Paternity leave is also available in some cases.
Family or medical leave will last up to twelve weeks and must be taken consecutively. These twelve weeks are available once yearly as needed; however, they must be taken in a row and not spread throughout several months. This leave is protected by law and will not allow an individual to be terminated from his or her employment.
When an individual returns to his or her employment, he or she will receive his or her former position or a position of equal payment and benefit. While an employee is on leave, an employer may hire a temporary employee who will be terminated after twelve weeks or have current employees take on extra tasks for the allotted time.
Holiday Pay
The United States has no federal law mandating employees to have holidays off or be paid extra for working on holidays. Michigan also has no state law requiring employers to provide this benefit. It is legal in the United States for a company or business to be open three hundred sixty-five days a year, thus requiring employees to work. Federal holidays do not include most businesses and are generally only for post offices and government agencies.
Employers may choose to pay employees more for working holidays and are required to do so if stated in a written contract. Employees may also have holidays off if permitted by an employer. Most often, holidays are not paid. However, some company benefits may provide this through a contract.
Employee Wages
Minimum wage: Michigan is one of several states that have set their minimum wage rates higher than the federal minimum wage. Michigan’s current minimum wage rate is $9.87 per hour for non-tipped employees and $3.67 for tipped employees. The minimum wage is adjusted annually for inflation.
Employers must pay overtime for any hours worked over 40 in a work week. Employees are entitled to a meal break of at least 30 minutes after five work hours. Employers must also provide workers’ compensation insurance to cover medical costs and lost wages for employees who are injured on the job.
Laws Unique to Michigan
Michigan’s labor laws share many similarities with other states and federal labor laws, but a few unique features of Michigan’s labor laws are worth noting. Here are some examples:
- Right-to-Work: Michigan is one of several states that have enacted “right-to-work” laws, prohibiting employers from requiring employees to join a union or pay union dues. The Michigan law was enacted in 2012 and applied to public and private sector employees.
- Paid sick leave: In 2018, Michigan voters approved a ballot initiative that would have required employers to provide paid sick leave to employees. However, the Michigan Legislature passed a bill to amend the initiative before it took effect, and the amended law exempts many small businesses and allows employers to limit the amount of paid sick leave that employees can accrue.
- Paid family leave: Michigan has no state law requiring employers to provide paid family leave to employees. However, in 2020, the Michigan Legislature passed a law creating a paid parental leave program for certain state employees.
- Nursing mothers’ breaks: Michigan law requires employers to provide reasonable unpaid break time for nursing mothers to express breast milk for their infant child up to 1 year after birth. This requirement is similar to federal law, but Michigan’s law provides additional protections for nursing mothers.
These are just a few examples of the unique features of Michigan’s labor laws. As with any state, it’s important for employers and employees in Michigan to be familiar with the state’s labor laws to ensure compliance and protect their rights.
Resources
Here are some citations and resources related to Michigan labor laws:
- Michigan Department of Labor and Economic Opportunity – Wage and Hour Division: The state agency is responsible for enforcing Michigan’s minimum wage and overtime laws. You can find more information about these laws, as well as information about child labor laws and other employment-related topics, on their website: https://www.michigan.gov/lara/0,4601,7-154-11407_59886—,00.html
- Michigan Civil Rights Commission: The state agency is responsible for enforcing Michigan’s anti-discrimination laws. Their website provides information on the state’s civil rights laws, as well as information about how to file a complaint if you believe you have been discriminated against: https://www.michigan.gov/mdcr/
- Michigan Workers’ Compensation Agency: The state agency oversees Michigan’s workers’ compensation system. You can find more information about workers’ compensation benefits, as well as information about how to file a claim, on their website: https://www.michigan.gov/wca/
- Michigan Legislature – Michigan Compiled Laws: This website provides access to the full text of Michigan’s state laws, including labor laws. You can search for specific laws using keywords or browse by topic: http://www.legislature.mi.gov/(S(menb3a3kqs0ptbxnnbkag35y))/mileg.aspx?page=home
- United States Department of Labor – Wage and Hour Division: This federal agency is responsible for enforcing the Fair Labor Standards Act, which sets minimum wage and overtime requirements, among other things. Their website provides information about federal labor laws, as well as resources for employers and employees: https://www.dol.gov/agencies/whd
