Michigan Labor Law

1. Introduction

The State of Michigan, located in the Great Lakes and Midwestern regions of the United States, maintains a unique set of laws governing employment within its jurisdiction. These laws are designed to ensure fair and safe working conditions, protect the rights of workers, and encourage economic stability. They cover a wide range of topics, including but not limited to, minimum wage requirements, overtime pay, leave benefits, and termination procedures.

Understanding Michigan’s state laws is crucial for both employers and employees as they set the framework for labor standards and dispute resolutions. Businesses operating in Michigan must comply with these regulations or face potential legal repercussions. Similarly, workers equipped with knowledge about their rights are better positioned to safeguard their interests.

These laws are not static; they can change as legislatures pass new bills and as courts interpret existing ones. Thus, it is important for both parties involved in the employment relationship to stay informed about the current legal landscape. This article aims to provide a detailed overview of some key aspects of employment law in Michigan as listed in the table of contents above.

2. Minimum Wage Laws

In the State of Michigan, minimum wage rates are mandated by the Workforce Opportunity Wage Act (Public Act 138 of 2014). The law sets the baseline pay that employers are required to provide their employees. The minimum wage is subject to adjustments based on the rate of inflation. As of the time this article was written, the standard minimum wage in Michigan is $9.65 per hour.

There are, however, some exceptions to this rule. For instance, minors aged 16-17 can be paid 85% of the regular minimum wage, which equates to $8.20 per hour. Similarly, training wages may apply to new employees aged 16 to 19. They may be paid $4.25 per hour for the first 90 days of employment.

Tipped employees have a different rate as well. If an employee's work includes tips, their employer can pay them a minimum cash wage as long as their tips make up the difference to reach the standard minimum wage. The minimum hourly wage for tipped employees is currently $3.67.

It's important to note that in any conflict between federal and state law, the law that favors the employee governs. This means if the federal minimum wage rate is higher than Michigan State’s, Michigan employers should pay the federal minimum wage rate.

• Standard Michigan minimum wage: $10.33/hr

• Minors aged 16-17 can be paid 85% of the regular minimum wage: $8.20/hr

• Training wage for new employees aged 16-19 for the first 90 days: $4.25/hr

• Tipped employees: $3.67/hr

Note that these rates are based on the law at the time of writing and may have subsequently changed. Regularly updating your understanding of the wage laws can help ensure compliance and protect workers' rights.

3. Overtime Regulations

In Michigan, the overtime laws are defined by the Michigan Improved Workforce Opportunity Wage Act. This law mirrors the federal Fair Labor Standards Act (FLSA) in stipulating that covered, nonexempt employees should receive overtime pay of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.

Taking into consideration the hourly minimum wage in Michigan ($9.65), the corresponding overtime wage would be $14.48 per hour. However, not all workers qualify for overtime pay. It's critical to note that some job positions, such as executive, administrative, professional, and outside sales, are exempt from overtime regulations. Other exemptions include farmworkers on small farms, employees of seasonal amusement or recreational establishments, and seamen employed on foreign vessels among others.

Also, in Michigan, there is no limit on the number of hours that an employer can require an adult to work in a day or week. This rule doesn't apply to minors who have specific limitations concerning the number of hours they can work.

A point of distinction is that Michigan does not require additional pay for work on weekends, holidays, or regular days of rest unless overtime is involved.

Finally, employers are prohibited from retaliating against employees who exercise their rights under overtime regulations, including filing a complaint or participating in a legal proceeding under the act.

• Standard Overtime Rate in Michigan: 1.5 x Regular Hourly Wage

• Overtime wage (based on current minimum wage): $14.48/hr

• No limit on the number of hours an adult can work in a day or a week

• Additional pay is not mandatory for work on weekends or holidays unless overtime is incurred

It is important to remember that these regulations could be subject to change, and thus, individuals and businesses should make an effort to stay updated with the most current laws.

4. Vacation Leave

In the State of Michigan, contrary to popular belief, there are no laws that mandate employers to provide their employees with paid or unpaid vacation benefits. It's a common misconception due to the prevalence of vacation benefits in many companies' compensation packages.

However, if an employer chooses to provide such benefits, it must comply with its established policy or employment contract. The Michigan Wage and Fringe Benefit Act requires employers that promise certain fringe benefits, including vacation pay, to follow through with their promise. If the terms of acquiring and losing vacation time are not clearly stipulated in the policy or contract, disputes may be resolved by looking at the past practices of the employer, the industry's standards, and other relevant factors.

The law is clear on one aspect: Employers cannot diminish earned vacation time. Once an employee earns vacation time, under Michigan law, it is considered a form of wages. Therefore, a company can't revoke or reduce earned vacation time. Upon separation from employment, an employee is entitled to be paid for all earned but unused vacation time, provided that the employer's policy or contract does not specify otherwise.

Companies are free to establish their own vacation policies, which may include:

• A waiting period before new employees start accruing vacation time,

• A "use-it-or-lose-it" clause that requires employees to use their vacation time by a certain date or lose it,

• A cap on vacation time that can be accrued, preventing employees from carrying over a certain amount of vacation time from one year to the next.

While it remains the discretion of the employer to offer vacation benefits or not, most choose to do so in order to attract and retain a competitive workforce.

5. Sick Leave

In Michigan, there are no state laws that mandate employers to provide their employees with paid or unpaid sick leave. Nevertheless, under the Michigan Paid Medical Leave Act, certain eligible employees can accrue paid medical leave at a rate of at least one hour for every 35 hours worked, up to a maximum of 40 hours per year. Exemptions apply, however, so not all Michigan workers are covered by this Act.

The Paid Medical Leave Act applies to businesses with 50 or more individuals, regardless of full-time, part-time, or temporary status. Qualified employees can use paid medical leave for their own health needs or those of family members, for purposes laid out in Michigan's domestic violence and sexual assault victim leave law, or for closure of the employee's workplace or a child's school due to a public health emergency.

Under the Act, businesses are allowed to limit the accrual of paid medical leave at 40 hours per benefit year, limit the carryover of unused accrued leave at 40 hours per benefit year, and restrict usage until after 90 days of employment.

On the other hand, if an employer has a policy that offers at least 40 hours of paid leave annually (may include vacation days, personal days, or time off), they are not required to offer additional paid medical leave. This is because the policy could be used for activities covered under the Act, thus considered as compliant already.

Businesses who choose to implement their own sick leave policies, or those not mandated to offer such benefits, have the discretion to set their terms regarding:

• Accrual and use of sick leave,

• Whether sick leave can be carried over to the next year,

• Notification or documentation requirements for employees who take sick leave.

Note that the Family and Medical Leave Act (FMLA), a federal law, allows eligible employees of covered employers to take unpaid, job-protected leave for specified medical and family reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. The FMLA applies to public agencies, including state, local, and federal employers, and private sector employers who have 50 or more employees.

Again, it is extremely crucial for both employers and employees to keep abreast of current laws pertaining to sick leave in Michigan state.

6. Holiday Leave

In the state of Michigan, there are no government regulations that require employers to provide their employees with paid or unpaid leave on nationally recognized holidays. Employers have the freedom to establish their own holiday policies and may choose to remain open or close for business on holidays, as well as whether to offer holiday pay to their employees.

If an employer chooses to provide holiday benefits, it must comply with its established policy or employment contract. Despite holiday leave not being mandated by State law, many Michigan employers offer this perk to their workers as part of their overall benefits package in order to boost employee morale, attract job candidates, and incentivize current staff members. Additionally, some companies may offer premium wage rates to employees who work on holidays, although this is not a requirement under state law.

Typically, private sector employers can make changes to their holiday leave policies, provided they inform their employees in advance. As a result, these policies can vary significantly from one company to another. However, employers cannot retroactively reduce accrued or earned vacation time, including any leave time designated as "holiday."

Public sector employees, such as state and government workers, usually receive paid time off for state recognized holidays due to regulations unique to the public sector.

Holiday pay issues can sometimes intersect with other laws. For example, non-exempt employees who work over 40 hours in a workweek must be paid overtime, even if those additional hours were worked on a holiday.

It is strongly recommended that both employers and workers in Michigan familiarize themselves with the specifics of their respective holiday leave policies and stay updated on any changes that may occur over time.

In summary, while the state of Michigan does not mandate private employers to provide holiday leave, many choose to do so voluntarily. It is crucial for employees to understand their employer's holiday policy, and for employers to clearly communicate these policies to their workforce.

7. Breaks

In the State of Michigan, labor laws mandate certain break periods for employees, specifically catering to minors or those under the age of 18. For workers under the age of 18, there is a requirement that employers provide a 30-minute rest period if the minor is scheduled to work more than five consecutive hours.

However, it's important to note that Michigan law does not require employers to provide meal or rest breaks to employees aged 18 and over. This means, for adults, employers have the discretion whether or not to offer such breaks.

Nonetheless, if employers do choose to provide these breaks, Federal Law provides some guidance. Under the federal Fair Labor Standards Act (FLSA), if the employer chooses to provide a short break (typically 20 minutes or less), this time must be paid. On the contrary, if the employer offers a meal break (normally lasting at least 30 minutes), they are not required to pay the employee for this time provided the employee is relieved of all work duties.

It's good practice, though not mandated, for employers to offer break periods for their adult employees. These breaks can contribute to the welfare and productivity of their workforce. If the employer does decide to provide break periods, it is crucial that they adhere to any promises made, including those outlined in employment contracts or company policies.

Additional considerations might include:

• The length and frequency of breaks,

• Whether they are paid or unpaid,

• And the flexibility surrounding when they can be taken.

Finally, although not required by the state, many Michigan employers understand the benefits of providing breaks to their employees and implement beneficial break policies to support employee wellbeing and productivity.

8. Employment Termination Laws

In Michigan, the termination of employment relationships is guided by the 'at-will' employment doctrine. This means that barring any contractual agreement or statute to the contrary, both the employer and employee are free to terminate the employment relationship at any time, with or without cause, and with or without notice.

However, this doesn't give employers carte blanche to terminate employees for illegal reasons. While employment may be terminated 'at will', employers cannot fire employees for reasons deemed discriminatory under state or federal law. These include but are not limited to factors such as race, color, national origin, sex, pregnancy, religion, disability, age, marital status, AIDS/HIV, or sickle cell trait.

Firing an employee in retaliation for filing a complaint about workplace discrimination or harassment, reporting safety issues, whistleblowing, exercising union rights, or making workers' compensation claims is also prohibited under various state and federal laws.

Moreover, some individuals may have employment contracts, either written or implied, that stipulate conditions for termination and provide protections beyond the 'at-will' doctrine. This is often the case for upper management positions and unionized jobs.

An employer must also comply with the Worker Adjustment and Retraining Notification (WARN) Act when conducting mass layoffs or plant closings. Under the federal WARN Act, employers with 100 or more employees are required to provide 60 days’ advance notice of plant closings or mass layoffs.

Upon termination, employers in Michigan are required to pay final wages (including accrued but unused fringe benefits like vacation pay, if offered by the employer) to the terminated employee no later than the regularly scheduled payday for the period in which the termination occurs. Failure to do so can subject employers to potential wage and hour claims.

Moreover, the Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time, under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events.

Finally, the employer should provide a separation packet containing information relevant to the employee's change in status such as a letter detailing the reason for termination, information about transferring retirement accounts or exercising stock options, and an unemployment compensation form.

• 'At-will' employment doctrine governs most termination scenarios

• Discriminatory or retaliatory terminations are illegal under state and federal law

• Mass layoffs or plant closings require 60-days advance notice under the WARN Act

• Final wages including accrued but unused fringe benefits must be paid no later than the regularly scheduled payday for the period in which the termination occurs

• COBRA allows continuation of group health benefits under certain circumstances

• Employers should provide a separation packet upon termination

It is crucial for both employers and employees in Michigan to understand their rights and obligations when it comes to termination of employment.

9. Unemployment Rights

In Michigan, as per the state's Unemployment Insurance Agency (UIA), employees who have been laid off or terminated from their job may be eligible to receive unemployment benefits. The UIA is a part of the Department of Labor and Economic Opportunity and it administers unemployment benefits and collects unemployment taxes from Michigan's employers.

• The eligibility for unemployment benefits is determined by three major factors: the reason for separation from previous employment, sufficient wages during the base period (the first four out of the last five completed calendar quarters before the week in which you file the claim), and ability and availability for work.

• If you were fired for misconduct related to your job, you may be disqualified from receiving benefits. Simple inefficiency, unsatisfactory conduct, or poor performance due to lack of skills or ability may not necessarily lead to disqualification.

• Individuals applying for unemployment benefits are required to register for work search. Unless exempt by law, they must actively seek employment and maintain a record of their work search activities.

• Unemployment benefits are subject to federal and state income taxes. An individual can choose to have taxes withheld from their unemployment benefits at a rate of 10% for federal taxes and 4.25% for state taxes.

• Moreover, claimants can receive unemployment insurance for a maximum of 20 weeks in Michigan. To maintain these benefits, applicants must prove that they are actively seeking work.

It's important to remember that each case is unique. To ensure full understanding of your rights and the process of claiming unemployment benefits, please refer to the official MI UIA's website or consult a legal expert.

10. Workplace Safety

In Michigan, as in other states, both federal and state laws are designed to ensure workplace safety. These regulations are overseen by the Occupational Safety and Health Administration (OSHA) at the federal level and the Michigan Occupational Safety and Health Administration (MIOSHA) at the state level.

Both of these agencies work together to prevent work-related injuries, illnesses, and deaths. These range from straightforward rules such as hard hats in construction zones to complex health code rules for public-facing industries like hospitality and food service.

• The main responsibility of MIOSHA is to ensure all employers provide a safe and healthy working environment. This includes conducting inspections, providing training and education, and enforcing compliance with safety and health standards.

• Employees in Michigan have a right to request a MIOSHA inspection if they believe their workplace is unsafe or if they believe their employer is not complying with MIOSHA standards.

Some specific Michigan workplace safety laws include:

• The Right to Know Law - requires employers to provide information about the hazardous chemicals they might be exposed to at work.

• Safety Training and Education Requirements - requires employers to provide safety training to employees in certain high-risk industries.

• Emergency Planning and Community Right to Know Act - requires businesses to report storage, use and releases of hazardous substances to the state and local communities.

Violations of these workplace safety requirements can result in fines, legal action, and even business closure in severe cases. Thus, it is imperative for both employers and employees to understand and adhere to these standards.

Workers who believe their rights have been violated can file a complaint with MIOSHA. The agency maintains a whistleblower protection program to prevent retaliation against employees who report safety issues.

In summary, the State of Michigan prioritizes workplace safety and has robust laws in place to protect its workers. This safety-orientated approach helps to ensure that all Michigan workplaces are free from recognized hazards and that all employees can carry out their duties in healthy and secure environments.