Michigan Labor Laws – Find Labor Lawyers MI

Numerous state and federal laws are directed at protecting the rights of Michigan’s workers. The Michigan Department of Labor and Economic Opportunity enforces the various laws in Michigan that govern wage-and-hour provisions and other conditions of employment. The federal Wage and Hour Division of the Department of Labor enforces the federal Fair Labor Standards Act (FLSA), which sets the federal minimum wage and overtime pay standards.

Is There a Difference between Part-Time and Full-Time Employment in Michigan?

Similar to many states, Michigan has not designated a set number of hours that an employee must work in order for them to be considered a full-time employee rather than a part-time employee. This means that all of the state- and federally-mandated employee benefits that are required to be provided to full-time employees must be provided to all employees, regardless of whether they are full-time or part-time.

What Is Michigan’s Minimum Wage?

Michigan’s minimum wage is $9.87 per hour. Michigan’s minimum wage is set to increase on January 1, 2023, to $10.10 per hour as set by Michigan’s Improved Workforce Opportunity Wage Act of 2018 which establishes the annual schedule of increases.

Employers in Michigan can pay “tipped” employees an hourly wage of $3.75, but only if the tips they earn plus their hourly wage add up to at least the full minimum wage rate for each hour worked.

Michigan wage and hour laws do not require employers to provide employees with meal or rest periods, but employees are entitled to be paid for any short breaks that employers give them and for any meal breaks during which they are required to continue performing work duties.

The minimum wage for employees between the ages of 16 and 19 is $4.25 for the first 90 days. Supposedly during that time, the employee is undergoing training. Anyone between 16 and 17 years old may be paid 85% of the minimum hourly wage.

There is yet another minimum wage in Michigan, the student minimum wage. Full-time high school or college students who work part-time may be paid 85% of the Michigan minimum wage, which is as little as $8.39 per hour for up to 20 hours per week, by some employers, such as work-study programs at colleges and universities.

Employers in Michigan may not pay an employee under $9.87 per hour unless their occupation is specifically exempt from the minimum wage rule under state or federal law.

All Michigan employers must display an approved poster that informs their workforce of the Michigan minimum wage. The poster must be displayed in a prominent place to inform employees about the minimum wage and their rights under Michigan labor law.

Am I Entitled to Overtime in Michigan?

Michigan overtime laws follow the federal FLSA. An employer must pay 1 and ½ times the regular pay to an employee who works more than 40 hours in a standard week. Michigan is one of the majority of other states that do not limit mandatory overtime. Thus, an employee can work whatever amount of overtime their employer may require.

Some states require workers who work over a certain number of hours per day to be eligible for this overtime rate, but not Michigan. Michigan law does not specify a daily overtime pay requirement.

The FLSA guarantees all Michigan employees adequate overtime compensation for all qualifying overtime hours. If workers are paid adequate overtime wages, they can file an unpaid overtime claim with the Michigan Department of Labor.

Am I Entitled to Health Benefits in Michigan?

Employers in Michigan are subject to the federal Affordable Care Act (ACA). The ACA requires any employer with 50 or more full-time employees to offer at least 95% of their full-time employees health insurance. This health insurance must cover at least 60% of typical health costs. It must also offer health insurance coverage to any of the covered employees’ dependents who are 26 or younger. If an employer has fewer than 50 employees, then the ACA does not require it to provide health insurance to any of its employees.

Is Discrimination in Employment Illegal in Michigan?

In Michigan, both the federal Civil Rights Act and Michigan’s Elliott Larsen Civil Rights Act prohibit employers from discriminating against employees in the workplace for their age, race, gender, marital status, disability, color, religion, height, national origin, or weight. The Michigan Department of Civil Rights is responsible for investigating alleged discrimination and is required by the Michigan Constitution to ensure the equal protection of civil rights in Michigan.

If a person believes an employer has discriminated against them, they can file a complaint with either the federal Equal Employment Opportunity Commission (EEOC) or the Michigan Civil Rights Commission (MCRC). As with any legal matter, a person must remember that certain time limits apply to filing a complaint. So, a person does not want to wait. If a person wants to file a complaint with the Michigan Department of Civil Rights, they should file it within 180 days of the date the discrimination took place.

Can I Get Time Off Work in Michigan?

The federal Family and Medical Leave Act (FMLA), which only applies to companies that have 50 or more employees and engage in business in more than one state, is the law in Michigan. Michigan does not have any law that offers additional benefits for time off.

The FMLA guarantees an employee up to 12 weeks of unpaid leave, with full medical and health benefits during the leave and the right to return to their former position upon their return. The federal Department of Labor also enforces the FMLA.

This leave is available as follows:

• An employee is entitled to 12 weeks of leave in 12 months for the following:
  • The birth of a child and care for a newborn child within the first year of the child’s birth;
  • The placement with the employee of a child for adoption or foster care so that the employee can care for the newly placed child within the first year of their placement;
  • To care for the employee’s spouse, child, or parent if they have a serious health condition;
  • Because the employee has a serious health condition that makes the employee unable to perform the essential functions of their job;
  • Any qualifying necessity that arises out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
  • An employee is entitled to 26 work weeks of leave during a single 12-month period if they need to care for a covered service member with a serious injury or illness. The employee eligible for this leave must be the service member’s spouse, son, daughter, parent, or next of kin.

Michigan does not have any laws that govern sick leave or vacation leave. Thus, aside from the FMLA, it is up to each company to decide whether it wants to offer more vacation or sick leave than is mandated by federal law.

Can I Find a Local Michigan Lawyer to Help Me?

Employment law can be very technical and difficult to apply to your situation. Still, it can have a major impact on a person’s life. If you think your employer has violated Michigan’s labor laws, such as by failing to pay you overtime, you should contact a Michigan labor lawyer immediately.

A Michigan labor lawyer can also help if you are an employer who is unsure of your obligations to your workers and needs guidance regarding how to comply with Michigan and federal employment law.