Michigan Labor Laws Guide

Michigan wage laws

To begin, let’s review the various aspects of Michigan wage laws. The specific areas we will be dealing with are the following:

• Minimum wage in Michigan,
• Tipped minimum wage in Michigan,
• Subminimum wage in Michigan,
• Exceptions to the minimum wage in Michigan, and
• Michigan payment laws.

Michigan minimum wage

As of February 21, 2025, the minimum wage in Michigan is $12.48 per hour.

Tipped minimum wage in Michigan 

Employees who regularly and customarily receive tips are considered tipped employees under Michigan law.

Tipped workers in Michigan receive 48% of the minimum hourly wage rate, which is $5.99 per hour.

This is the minimum amount that the employer must pay to the employee in direct wages.

Furthermore, the employer must track employee tips in order to make sure that the employee earns at least the minimum wage (i.e., $5.99) when the direct wages are combined with the tips.

If not, the employer must pay the difference.

Subminimum wage in Michigan (training wage)

Michigan employers can pay employees aged 16 to 19 a subminimumtraining wage of $4.25 per hour. However, this wage rate only applies to the first 90 calendar days of employment. After this period, these employees need to be paid at a regular minimum wage rate, at the very least.

Finally, minors aged 16–17 years can be paid 85% of the minimum hourly wage rate.

Exceptions to the minimum wage in Michigan

Michigan once again refers to the federal FLSA regulations when it comes to determining categories of employees exempt from the minimum wage:

• Executive, professional, and administrative employees paid on a salary basis and who earn not less than $1,128 a week,
• Computer employees who earn not less than $1,128 per week or $27.63 an hour,
• Highly compensated employees who earn $151,164 per year or more,
• Farm workers,
• Employees in the fishing industry,
• Seasonal and recreational workers, etc.

🎓 More FLSA minimum wage exemptions

Michigan payment laws

Employers in Michigan must follow state laws regarding the frequency of employee pay.

First off, employers who have established a schedule of regularly recurring weekly or biweekly paydays have to fulfill the following conditions:

• The employer must pay out wages earned during the first 15 days of the previous month before or on the first day of each calendar month, and
• The employer must pay out all wages earned from the 16th to the last day of the previous month before or on the 15th day of each calendar month.

Employers with a regularly scheduled monthly payday must pay their employees all wages earned in the previous month within 15 days of the end of the pay period.

Michigan overtime laws

Employees covered by IWOWA must be paid an overtime rate of 1.5 times the regular pay for all work in excess of 40 hours in a workweek.

Overtime exceptions and exemptions in Michigan

There are also occupations that are exempt from overtime requirements. In Michigan, these include:

• All occupations not covered under the minimum wage requirements,
• Agricultural workers,
• Employees of amusement establishments that don’t operate for more than 7 months in a calendar year,
• Anyone holding public office, and
• Administrative, professional, or executive employees, including school teachers and school administrative personnel

Note that retail and service employees can also be included in the category of bona fide administrative, executive, or professional employees — if 40% or more of their workweek activities consist of this type of work.

Michigan break laws

There are no federal laws or specific state regulations that would require Michigan employers to provide meal breaks or rest periods during work hours.

However, if the employer has a policy that provides unpaid breaks, the employees have to be relieved of all duties during these breaks.

Exceptions to break laws in Michigan

One exception to this rule is when the employer is required to provide a break for employees who are minors. 

According to the Michigan Youth Employment Standards Act, minors working 5 or more consecutive hours are entitled to at least 30 minutes for a meal or rest period.

Michigan breastfeeding laws

The Michigan Department of Health and Human Services has issued a Lactation Room Policy to help enable a supportive environment for breastfeeding employees.

Employers are required to provide adequate facilities and a reasonable amount of break time for employees to express their breast milk. Such break time may include 2 to 4 breaks in an 8-hour period, each lasting up to about 30 minutes.

The designated space should abide by the following rules:

• Be private (if possible, have a functional lock), 
• Have a comfortable chair, 
• Have an electrical outlet, and 
• Have a countertop or other flat surface. 

To emphasize, this space can’t be a toilet stall or restroom.

Michigan leave requirements

Each US state has its own distinct requirements regarding the types of leave employers are required to provide and those they aren’t required to provide.

In this section, we’ll look at both required and non-required leave in Michigan. 

Michigan required leave 

To start with, we can take a look at the types of leave required by Michigan law:

• Sick leave (Paid Medical Leave Act),
• Family medical leave,
• Jury duty leave,
• Emergency response leave,
• Military leave, and
• Leave for victims of domestic violence and sexual assault.

Sick leave (Paid Medical Leave Act)

According to the updated Michigan’s Earned Sick Time Act, all employers hiring 1 or more employees must provide paid sick time to their employees.

Paid sick leave can be used in situations such as:

• The employee or a member of their family is affected by a physical or mental illness or condition,
• The employee or their family member is in the process of diagnosis or treatment of a medical condition, and
• The employee needs to take care of their children, as childcare facilities or schools may be closed due to a public health emergency.

This leave is accrued at the rate of 1 hour of paid sick time for every 30 hours worked. Unused paid sick time rolls over up to 72 hours or 40 hours for a small business (employers having 10 or fewer employees).

Still, new employees hired on or after February 21, 2025, have to wait up to 120 days before using accrued sick time. 

Additionally, employers may limit the use of earned sick time to 72 hours (or 40 for small businesses) in a 12-month period.

Family medical leave

Under the provisions of the Family and Medical Leave Act, some Michigan employees may be eligible for up to 12 weeks of unpaid leave following major life events.

Some of the events that can qualify an employee for family medical leave include:

• Birth and care for a newborn child,
• Adoption or taking in a foster child,
• Health condition that prevents the employee from working, and
• Care for a family member with a serious health condition.

Additionally, for employees to take family medical leave, federal law states that employees have to fulfill the following conditions — they need to:

• Have worked for the same employer for at least 12 months prior to the leave, and
• Have worked at least 1,250 hours in those 12 months.

🎓 To check your eligibility for the family medical leave, see this US Department of Labor FAQ.

Jury duty leave

Michigan employers can’t prevent their employees from attending jury duty — nor in any way retaliate against them if they choose to do so.

Additionally, any employer who — without a written agreement — forces an employee to work more hours than they usually do (including time spent attending court) can be charged with a misdemeanor and even contempt of court.

Emergency response leave (for state employees)

During public emergencies, some Michigan State employees may be granted an unpaid leave of absence to assist with disaster relief.

Employees who qualify for this type of leave are state-classified civil service members, as well as volunteers certified by the American Red Cross. They are entitled to 10 paid days off in any 12-month period.

These employees may be granted paid emergency response leave if the following conditions are met:

• The disaster has been declared by the governor or by the president of the US,
• The American Red Cross has requested the services of the employee,
• The leave has been approved by either of the following:
• The employee’s department head,
• The governor (if the work is out-of-state), and 
• The Civil Service Commission (for classified civil service members).

The State can’t take any adverse action against an employee who chooses to take emergency response leave. 

However, it can reappropriate funds paid to an employee who uses the leave for unapproved purposes. 

Military leave 

Based on Michigan law, state classified employees who are members of the uniformed services are eligible for unpaid military leave for up to 5 years.

These employees will receive full seniority credit for the duration of their deployment if the following conditions are met:

• The total military service is under 5 years, 
• The discharge isn’t disqualifying, and 
• The return is timely.

Leave for victims of domestic violence and sexual assault

Under the provisions of the previously mentioned Paid Medical Leave Act, employees who have been victims of domestic violence may use their medical leave to:

• Get medical care,
• Get psychological or other counseling,
• Receive help from victim services organizations,
• Relocate or acquire any legal services related to the abuse, and
• Attend court hearings and other proceedings.

Michigan non-required leave

We can now move on to types of leave not mandated by Michigan law including:

• Bereavement leave,
• Vacation and holiday leave, and
• Voting time leave.

Bereavement leave

Private employers in Michigan aren’t required to provide bereavement leave to their employees.

However, state employees are entitled to 8 hours of funeral service leave on the day of the funeral if the deceased was their parent, child, or spouse.

Vacation and holiday leave

Private Michigan employees aren’t entitled to vacation or holiday leave, unless otherwise specified in their contract.

On the other hand, full-time state employees receive between 15 and 35 personal days per year, as well as 13 or 14 scheduled paid holidays annually.

Voting time leave

Private employers don’t have to grant a leave of absence for voting purposes. State employees receive Election Day time off every other year.

Child labor laws in Michigan

Michigan has specific child labor laws under the Youth Employment Standards Act (YESA), which applies to all individuals under the age of 18, including employees, independent contractors, and performing artists.

All minors must obtain a work permit, an agreement, or a contract signed by the employer and the chief administrator of the school they attend. If the minor changes jobs, they must get a new work permit. Additionally, the permit may be revoked due to poor academic performance.

All minors must have adult supervision at their place of work, especially in occupations that involve cash transactions after sunset or after 8 p.m.

The legal hours for employing minors in Michigan differ for 2 age categories: 

• Minors under 16, and 
• Minors aged 16 and 17.

Labor laws for minors under the age of 16

Minors under the age of 16 can work the following hours:

• From 7 a.m. to 9 p.m., 
• No more than 10 hours a day,
• No more than 6 days in a week, nor more than a weekly average of 8 hours a day or 48 hours a week while school is in session, and
• No more than 48 hours of school and work combined while school is in session.

Labor laws for minors aged 16 and 17

Minors aged 16 and 17 can work these hours:

• From 6 a.m. to 10:30 p.m. when school is in session,
• From 6 a.m. to 11:30 p.m. when school isn’t in session,
• No more than 10 hours a day,
• No more than 6 days in a week, nor more than a weekly average of 8 hours a day or 48 hours a week while school is in session, and
• No more than 48 hours of school and work combined while school is in session.

Prohibited occupations for minors

The Youth Employment Standards Act (YESA) also regulates occupations that are prohibited for minors. These occupations have been deemed hazardous to minors, and they include:

• Working in establishments where alcohol is sold, served, or consumed,
• Working in confined spaces, such as silos, utility vaults, sewers, boiler rooms, etc.,
• Construction operations,
• Handling explosives,
• Operating motor vehicles,
• Operating power-driven machinery, and others.

Hiring laws in Michigan

Michigan’s Elliott-Larsen Civil Rights Act of 1976 protects the employees’ right to a fair hiring process by prohibiting discrimination on the basis of:

• Race or color,
• Religion,
• National origin,
• Sex,
• Age,
• Height,
• Weight, and
• Marital status.

In effect, this means that Michigan employers can’t refuse to hire, limit, segregate, classify, or treat differently any job applicants or employees on the basis of the listed characteristics.

Michigan “Ban-the-box” law

Michigan has passed the so-called “Ban-the-box” law, aimed at providing a fair chance at employment.

This is done by prohibiting questions about prior arrests that didn’t lead to a conviction during the initial job application, as well as delaying background checks.

The name of the law refers to banning the “box” on the application form with the question: 

• “Have you been convicted of a felony?”

Termination laws in Michigan

Michigan is one of the many US states that follows the doctrine of “employment-at-will.” 

This means that the employment relationship can be terminated by either party at any time and with no specific argumentation.

Private employees fall under these terms of employment, unless otherwise stated in their contract with the employer.

Final paycheck in Michigan

If an employee is discharged or voluntarily leaves employment, their employer needs to pay their final paycheck by the next regularly scheduled payday.

Additionally, if the amount of due wages can’t be determined until the end of the contract, the employer must pay out as near to an estimate as possible.

Michigan Mini-COBRA laws

In situations where an employee is terminated, or is going through some other major life event, they may be eligible for continued health insurance.

The federal COBRA (Consolidated Omnibus Budget Reconciliation Act) allows the continuation of health insurance for up to 36 months, usually at 102% of the original cost.

Some of the events that could qualify an employee or their dependents for continued health insurance include the following:

• Being terminated,
• Having a significant reduction in work hours,
• Going through a divorce,
• Having a serious health issue that makes the employee unable to work, and
• Taking care of a family member with serious health issues.

However, it’s best to check with your local authorities whether you are eligible for COBRA or Mini-COBRA plans.

Occupational safety in Michigan

Michigan has an OSHA (Occupational Safety and Health Administration)-approved State Plan, aimed at regulating safety in the workplace.

The plan has some similarities to the federal OSHA standards and is enforced by the Michigan Occupational Safety and Health Administration (MIOSHA).

This state agency can conduct workplace inspections to ensure that all its requirements are being met.

Miscellaneous Michigan labor laws

Lastly, we’ll review some miscellaneous Michigan labor laws that don’t strictly fall into the previously mentioned categories, including:

• Whistleblower protection laws,
• Background check laws,
• Employer use of social media regulations,
• Drug and alcohol testing laws,
• Sexual harassment training laws,
• Independent contractors classification, 
• Prevailing wages on State construction projects, and
• Record-keeping laws.

Whistleblower protection laws

Michigan has a long-standing Whistleblowers’ Protection Act, which provides protection to employees who report suspected or witnessed violations of local, state, or federal law.

This act forbids employers from discharging, threatening, or in any other way retaliating against an employee who reports or intends to report violations of the law.

Of course, this prohibition is only valid if the reporting employee is acting in good faith, and not if the employee knows the report is false.

Background check laws

When collecting pre-employment data, Michigan employers must ensure compliance with the federal Fair Credit Reporting Act.

Additionally, the previously mentioned “Ban-the-box” laws prohibit inquiries into an applicant’s criminal history during the initial application process.

Some occupations where in-depth background checks are required include the following: 

• Child care staff,
• Adult household members in childcare homes,
• Applicants, licensees, unsupervised volunteers, and program directors in child care centers, and
• Employees, independent contractors, and all other staff with direct access to patients residing in the facility.

🎓 Workforce Background Check Guide

Employer use of social media regulations

Following the Michigan Internet Privacy Protection Act (IPPA), employers and educational institutions are forbidden from:

• Requesting access to an employee’s personal social media password,
• Asking the applicant or employee to disclose information that would grant the employer access to personal social media accounts, and 
• Retaliating in any way against an employee who refuses to provide access to their personal social media accounts.

The only exception to these prohibitions is when the employer has issued the devices and software to the employee. In this case, the employer can have access to any accounts located on the issued items.

Drug and alcohol testing laws

Michigan has no laws concerning private employers’ drug and alcohol testing practices.

However, classified employees are subject to 3 different authorized types of drug and alcohol testing, including:

• Reasonable suspicion testing — the employer has a valid cause for testing,

1. Pre-appointment testing — testing before being appointed to a specific position, and
2. Follow-up testing — within 24 months of the employee disclosing drug or alcohol problems, entering rehabilitation, or failing a pre-appointment test.

The Employee Fair Scheduling Act

Michigan’s Employee Fair Scheduling Act requires that employers post non-fixed schedules at least 14 days before the beginning of the workweek.

This schedule can’t be changed unless employees are notified at least 96 hours before the start of the workweek.

If the schedule changes without 96 hours’ notice, employees are entitled to overtime pay for the duration of their first shift on the changed schedule.

One more addition — if a permanent change has been made to a pre-established schedule, employees are entitled to overtime pay for the first 2 shifts of the new schedule.

Record-keeping laws

There are federal and Michigan laws concerned with record-keeping employment practices. These laws require keeping some of the following records:

• All application and hiring records for at least 1 year,
• All information around promotions, demotions, layoffs, recalls, discharges, selection for training, for at least 1 year,
• Job descriptions for at least 2 years,
• All records of leaves of absence for at least 3 years, and
• Records of test results and reasons for their administration for at least 3 years.

Frequently asked questions about Michigan labor laws

If we haven’t addressed some of your questions about living and working in Michigan, we've included an additional section with extra information.

How many hours can you work without a break in Michigan?

As for adult employees, there’s no requirement for an employer to provide their workers with a rest or lunch period. Still, employees under the age of 18 must be given a 30-minute break after 5 hours of working.

Do employers have to give a reason for termination in Michigan?

No. Michigan is another at-will employment state, meaning that an employer can terminate an employee at any time without reason.

How many hours are you allowed to work in a day in Michigan?

There’s no minimum or maximum number of hours a day you can work for your employer in the state of Michigan. Still, there are hour restrictions for the employment of minors.

What is wrongful termination in Michigan?

Even though Michigan is an at-will employment state, an employee can’t be terminated for the following reasons:

• Retaliation due to whistleblowing, 
• Discrimination against people with disabilities,
• Employment discrimination on the basis of race, sex, national origin, age, religion, etc.

Can I get fired for calling in sick in Michigan?

No. Michigan employees are entitled to paid sick leave and can’t be fired for missing work due to illness or a similar reason.

Use Clockify to stay compliant with Michigan labor laws

Staying compliant with all the previously mentioned laws and regulations can be demanding, but there’s a piece of software that can make the compliance more manageable — Clockify.

Clockify is a powerful time tracking tool that you can use for many purposes, such as:

• Tracking employee work hours,
• Keeping track of overtime hours and break time, 
• Generating reports, and more.

Requesting time off with Clockify has never been easier. Your employees can now enjoy a seamless experience when asking for time off — no more complex spreadsheets or back-and-forth emails.

All your employees have to do to request time off is: 

• Choose a time off policy (either sick, earned, or vacation time),
• Write a note to their employer (this is optional), and
• Click submit. 

After that, you, as an employer, receive an email about that request and approve or deny the request, notifying the said employee about their approval/denial via email, too. 

This way, Clockify simplifies the process of managing time off but also stays compliant with the state laws on leave time (you, as an employer, can limit the days of time off in the app according to the leave laws in your state).

Conclusion/Disclaimer

We hope this Michigan labor law guide has been helpful. We advise you to make sure you’ve paid attention to the links we’ve provided, as most of them will lead you to the official government websites and other relevant information.

Please note that this guide was written in Q2 2025, so any changes in the labor laws that were included later than that may not be included in this Michigan labor laws guide. 

We strongly advise you to consult with the relevant institutions and/or certified representatives before taking any action on legal matters. 

Clockify isn’t responsible for any losses or risks incurred should this guide be used without further guidance from legal or tax advisors.