Michigan

Labor Compliance Guide

Hours & Pay Regulations

Normal Working Hours

The term workweek shall mean a period of 7 consecutive days starting on any day selected by the employer. The weekly working hours are 40 hours. 

 

Michigan has adopted the definition, rules, and regulations established under the federal Fair Labor Standards Act related to determining when an employee’s time should be counted as hours worked for purposes of minimum wage and overtime requirements. 

 

Travel Time in the Department of Transportation

Where an employee’s Official Work Station (OWS) is designated as Project Officer, and the said employee is directed by his/her supervisor to report directly from his/her home to a Temporary Work Station (TWS), the employee’s work time shall be calculated as follows:

      • In the event the employee’s drive time from his/her home to his/her TWS does not exceed the drive time between the employee’s home and his/her OWS by at least fifteen (15) minutes, the employee shall continue to be paid for his/her normal work day.
      • In the event the employee’s drive time from his/her home to his/her TWS exceeds the drive time between the employee’s home and his/her OWS by at least fifteen (15) minutes, the employee’s work schedule may be adjusted, or should the work day not be shortened, such time shall be added to the employee’s workday and the employee shall be paid for such time at the appropriate overtime rate.

Overtime

Most Michigan employers are required to pay employees overtime at time-and-one-half their regular rates for all hours worked in excess of 40 in a week. 

 

Breaks

Michigan labor laws required employers to provide employees under eighteen (18) years of age with a thirty (30) minute uninterrupted rest period if scheduled to work more than five (5) continuous hours. Mich. Comp. Laws 409.112.

 

Michigan does not require employers to provide breaks, including lunch breaks, for workers eighteen (18) years old or older. An employer who chooses to provide a meal, lunch, or break period must complete relieving employees of their work duties for the break period to be unpaid. 

 

Breast Feeding Break

A mother who needs to express breast milk for her child at work must be provided reasonable unpaid break time to express breast milk and must, when possible, be provided a private area to express milk that is not a bathroom, is shielded from view and is free of intrusion from coworkers and the public, and has access to an electrical outlet.

 

The employer must make a reasonable effort to provide a private area to express milk. Employers are not required to provide break time if doing so would seriously disrupt operations. Breaks already provided may fulfill this requirement.

Annual Leave

Michigan does not have a paid annual leave that applies generally to private employee.

Minimum Wage

Effective January 1, 2020, under the Improved Workforce Opportunity Wage Act (IWOWA), the minimum wage in Michigan will increase to $9.65/hour for non-tipped workers (up from $9.45/hour).

 

 

 

The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to the main United States page for further details on this Federal law.
Paid Sick Leave

On September 5, 2018, the Michigan Legislature enacted the initiative called the “Earned Sick Time Act,” which generally required employers to provide paid sick leave to employees. The newly enacted “Paid Medical Leave Act” replaces and greatly alters the “Earned Sick Time Act” passed in September. Michigan’s new Paid Medical Leave Act (“Act”) will go into effect on March 29, 2019. 

On September 5, 2018, the Michigan Legislature enacted the initiative called the “Earned Sick Time Act,” which generally required employers to provide paid sick leave to employees. The newly enacted “Paid Medical Leave Act” replaces and greatly alters the “Earned Sick Time Act” passed in September. Michigan’s new Paid Medical Leave Act (“Act”) will go into effect on March 29, 2019. 

Exemptions

This new legislation only applies to employers who employ 50 or more employees. Exempts employees exempt from FLSA overtime requirements, private sector employees covered by a collective bargaining agreement, temporary workers, employees who work in other states, independent contractors, variable hour employees, certain part-time and seasonal employees and flight deck, cabin crew and railroad workers.

Accrual and Leave Carry Overs

The law specifies employees would accrue 1 hour of paid sick leave for every 35 hours worked, up to 40 hours per year. This will allow an employer to limit accrual to 1 hour per week. An employer is not required to allow an eligible employee to use more than 40 hours of paid sick leave in a single benefit year or to carry over more than 40 hours of time from one benefit year to another. The time begins to accrue on the effective date or date of hire, but the employer may allow new employees to wait 90 days before using their time.

Employers may provide all employees 40 hours at the start of a benefit year to avoid carry-over. Employers can also pro-rate time for new employees. The law creates a rebuttable presumption that an employer is in compliance with the law if the employer provides the requisite hours annually. This time can include, paid vacation days, personal days and paid time off.  The law specifies time may be used in 1-hour increments unless the employer has a different increment policy and that policy is in writing in an employee handbook. The law requires the employer to pay at a pay rate equal to the greater of either the normal hourly wage, the base wage or the applicable minimum wage rate.

 

Exemptions

This new legislation only applies to employers who employ 50 or more employees. Exempts employees exempt from FLSA overtime requirements, private sector employees covered by a collective bargaining agreement, temporary workers, employees who work in other states, independent contractors, variable hour employees, certain part-time and seasonal employees and flight deck, cabin crew and railroad workers.

 

(Note: Part-time is defined as an individual who has worked, on average, fewer than 25 hours/week during the preceding calendar year. A seasonal employee is defined as an individual employed by an employer for 25 weeks or less in a calendar year for a job scheduled for 25 weeks or fewer.)

 

Accrual and Leave Carry Overs

The law specifies employees would accrue 1 hour of paid sick leave for every 35 hours worked, up to 40 hours per year. This will allow an employer to limit accrual to 1 hour per week. An employer is not required to allow an eligible employee to use more than 40 hours of paid sick leave in a single benefit year or to carry over more than 40 hours of time from one benefit year to another.
The time begins to accrue on the effective date or date of hire, but the employer may allow new employees to wait 90 days before using their time.

Employers may provide all employees 40 hours at the start of a benefit year to avoid carry-over. Employers can also pro-rate time for new employees.

The law creates a rebuttable presumption that an employer is in compliance with the law if the employer provides the requisite hours annually. This time can include, paid vacation days, personal days and paid time off.  The law specifies time may be used in 1-hour increments unless the employer has a different increment policy and that policy is in writing in an employee handbook. The law requires the employer to pay at a pay rate equal to the greater of either the normal hourly wage, the base wage or the applicable minimum wage rate.

Parental Leave

This an FMLA leave of absence for employees who become parents of newly born, adopted or fostered child(ren); or who request leave to care for their newborn child. An eligible employee is entitled to a total of 12 workweeks of FMLA leave during a 12 month period. Parental leave must conclude within 12 months of the birth or placement. After exhausting FMLA leave entitlement, an employee may be eligible for a parental leave of absence for birth or adoption for up to six months, as provided in CS Regulations or the applicable collective bargaining agreement. Sick leave may not be used to substitute unpaid Parental Leave for paid leave. Parental leave taken under the FMLA may count against other parental leave entitlements.

Long Term Disability Leave

Long Term Disability (LTD) is a self-funded program that provides income protection if you should lose wages as a result of a medical injury, illness, or pregnancy that results in a total disability of a least 14 calendar days.

Jury Duty Leave

Employers may not discharge or discipline an employee for taking time off from work to serve on a jury. Leave is generally unpaid.

Crime Victim Leave

An employee who is a victim of a crime or a representative of a crime victim is entitled to take time off from work to testify in or attend a judicial proceeding. Leave is unpaid.

Military Leave

Members of state or U.S. uniformed services called into active state or federal duty may take unpaid leave; the employee may also take unpaid leave to take a physical, enlist, be inducted, or attend training. The returning employee must be reinstated to the former position. An employer may not in any way discriminate against an employee or threaten to prevent an employee from enlisting in the state armed forces.

Last updated on: June 10th, 2020