Employment Laws in Michigan | Keka HR

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Employment Laws / Employment Laws in Michigan

Michigan Employment Laws 2026

Michigan employment law in 2025 reflects a moderate but evolving worker protection framework. The state implemented a new minimum wage of $12.48 per hour effective February 21, 2025, with scheduled annual increases that will reach $15.00 per hour by January 2027. Michigan also adopted a new Earned Sick Time Act requiring paid sick leave for all employees, significantly expanding worker benefits. While Michigan follows federal standards for many areas such as overtime, family leave, and workplace safety, state law provides additional protections in wages, leave, and anti-discrimination.

Last Updated: September 2025

Michigan Employment Law Reference Table

Employment Law Topic State-Specific? Federal Law Coverage? Summary & Notes Last Updated
Minimum Wage Yes Yes $12.48/hr statewide (effective Feb 2025); scheduled increases to $13.73 in 2026 and $15.00 in 2027 Sept 2025
Tipped Minimum Yes Yes 48% of minimum wage ($5.99/hr in 2025) Sept 2025
Pay Frequency Limited Yes No state mandate; employers follow federal standards Sept 2025
Overtime Pay Yes Yes 1.5x regular rate after 40 hours/week (federal FLSA applies) Sept 2025
Breaks (Adults) No No No requirement for meal/rest breaks; voluntary only Sept 2025
Breaks (Minors) Yes Yes 30-minute break required for minors after 5 consecutive hours Sept 2025
Paid Sick Leave Yes No 1 hour per 30 hours worked under Earned Sick Time Act; no annual cap Sept 2025
Family & Medical Leave No Yes Federal FMLA only (12 weeks unpaid leave) Sept 2025
Jury Duty Leave Limited Yes Job protection required; no pay mandated Sept 2025
Voting Leave Limited Yes Reasonable time off if polls closed during employee’s shift Sept 2025
Equal Employment & Anti-Discrimination Yes Yes Elliott-Larsen Civil Rights Act protects broader categories than federal law Sept 2025
Workplace Safety No Yes Federal OSHA applies; MIOSHA provides consultation Sept 2025
Union & Collective Bargaining Rights Yes Yes Right-to-work state; union membership optional Sept 2025

At a Glance – Michigan Employment Law Highlights

  • Minimum Wage: $12.48/hour statewide (Feb 2025); increasing to $13.73 (2026) and $15.00 (2027)
  • Tipped Minimum: $5.99/hour in 2025 (48% of standard wage)
  • Overtime: Required after 40 hours/week at 1.5x regular rate
  • Meal Breaks: Not required for adults; minors entitled to 30-minute break after 5 hours
  • Paid Sick Leave: 1 hour per 30 hours worked (Earned Sick Time Act, effective Feb 2025)
  • Family Leave: Federal FMLA only; no state program
  • Jury Duty Leave: Job-protected but unpaid
  • Voting Leave: Reasonable time off if polls conflict with working hours

Working Hours & Rest Breaks

Michigan follows the Fair Labor Standards Act (FLSA) for overtime requirements, meaning employees must receive 1.5 times their regular pay for hours worked over 40 in a workweek. The state does not impose additional daily overtime rules, so hours worked beyond 8 in a single day do not automatically trigger overtime.

Breaks for Adults

Michigan law does not mandate meal or rest breaks for employees over 18. Employers may voluntarily provide breaks, but when they do:

  • Short breaks (5–20 minutes) must be paid as work time.
  • Bona fide meal periods (30 minutes or longer) can be unpaid if the employee is fully relieved of duties.

Breaks for Minors

Employees under 18 must receive a 30-minute uninterrupted break after 5 consecutive hours. This requirement applies across industries and is strictly enforced.

Overtime Exemptions

Michigan adopts federal salary and duties tests for overtime exemption. As of 2025, the federal salary threshold remains in effect for exempt executive, administrative, and professional employees.

Leave Entitlements

Earned Sick Time (Effective Feb 21, 2025)

Michigan enacted the Earned Sick Time Act, requiring all employers with at least one employee to provide paid sick leave:

  • Employees earn 1 hour of paid sick time for every 30 hours worked.
  • There is no annual accrual cap under state law.
  • New employees may be required to wait up to 120 days before using accrued leave.
  • Employers may require up to 7 days advance notice for foreseeable absences.

Family & Medical Leave

Michigan does not operate its own family leave program. Eligible employees are covered under the federal FMLA, which provides up to 12 weeks of unpaid leave for qualifying medical and family reasons.

Additional Leave Protections

  • Jury Duty: Employees must be allowed to serve but employers are not required to pay wages.
  • Voting Leave: Employees are entitled to reasonable unpaid leave if work hours prevent voting while polls are open.
  • Military Leave: Federal USERRA protections apply, safeguarding reemployment rights for service members.

Equal Employment & Anti-Discrimination

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) provides broad protections, prohibiting workplace discrimination based on:

  • Race, color, religion, national origin, sex, age, marital status, familial status, height, weight, disability, and genetic information.

These protections go beyond federal law by including height, weight, and marital status.

Enforcement

Pay Equity

Michigan requires fair pay practices and prohibits retaliation against employees who inquire about, disclose, or discuss wages.

Workplace Safety

Michigan falls under federal OSHA regulations but also operates the Michigan Occupational Safety and Health Administration (MIOSHA), which provides training and consultation to employers.

  • Workers retain full federal rights to report unsafe conditions and refuse dangerous work.
  • MIOSHA offers guidance to high-risk industries like construction, manufacturing, and healthcare.
  • Employers are prohibited from retaliating against employees for raising safety concerns.

Wage Payment Rules

  • Pay Frequency: Michigan does not impose state-specific requirements; employers generally follow federal guidelines.
  • Final Paychecks: Wages owed must be paid by the next regular payday following termination.
  • Minimum Wage Schedule: $12.48 (2025), $13.73 (2026), $15.00 (2027).
  • Tipped Wages: Tipped employees earn 48% of the standard minimum wage, or $5.99/hour in 2025.

Employee Privacy Rights

Michigan offers limited state-specific privacy protections, though federal laws apply:

  • Employers must comply with federal background check standards.
  • Employees may review their personnel files under general employment practices.
  • Genetic information and disability status are protected categories under state civil rights law.
  • Michigan law restricts mandatory union dues under its right-to-work framework, indirectly tied to employee choice and privacy.

Union & Collective Bargaining Rights

Michigan is not a right-to-work state, meaning employees can join or financially support a union as a condition of employment.

Private Sector

Federal NLRA protections apply, granting employees the right to organize, join unions, and engage in collective bargaining.

Public Sector

Public employees have collective bargaining rights under Michigan law, but the scope of negotiations is more limited than in some states.

Penalties for Non-Compliance

  • Minimum Wage & Overtime: Employers may face back pay orders, liquidated damages, and attorney fee awards.
  • Earned Sick Time Violations: Civil penalties and fines may apply for failing to provide or track sick leave.
  • Discrimination: Employees may recover back pay, compensatory and punitive damages, and attorney fees through ELCRA enforcement.
  • Workplace Safety: OSHA and MIOSHA can impose significant penalties for violations.

HR Notification & Documentation Checklist

✔ Accurately track employee work hours and overtime compliance
✔ Maintain records of earned sick time accrual (1 hour per 30 worked)
✔ Implement 120-day waiting period policy for new hires’ sick leave usage
✔ Provide required notices of sick time rights to all employees
✔ Monitor compliance with scheduled minimum wage increases (2025–2027)
✔ Ensure proper tipped wage calculations and documentation
✔ Track FMLA leave usage and provide required notices
✔ Maintain anti-discrimination and harassment policies under ELCRA
✔ Document safety training and maintain OSHA/MIOSHA compliance records
✔ Establish procedures for handling leave requests and accommodations
✔ Maintain accurate personnel files with access rights for employees
✔ Regularly review and update policies to reflect state and federal changes

Frequently Asked Questions

What is Michigan’s minimum wage in 2025?

As of February 21, 2025, Michigan’s minimum wage is $12.48 per hour, increasing to $13.73 in 2026 and $15.00 by 2027. The state applies these increases uniformly across all industries. Tipped employees must be paid at least $5.99 per hour, equal to 48% of the standard wage.

Are meal or rest breaks required for Michigan employees?

Michigan law does not require meal or rest breaks for adult employees. Employers may provide breaks voluntarily. However, minors under 18 must receive a 30-minute uninterrupted break after five consecutive hours of work, and short breaks under 20 minutes must be paid under federal law.

How does Michigan’s Earned Sick Time Act work?

Effective February 21, 2025, Michigan’s Earned Sick Time Act requires all employers to provide paid sick leave. Employees earn one hour for every 30 hours worked, with no annual cap. Sick time may be used for personal or family illness, injury, preventive care, or domestic safety needs.

When can employees start using accrued sick time?

Employers may impose a waiting period of up to 120 days after an employee’s start date before accrued sick leave can be used. However, accrual begins immediately upon employment, and all eligible employees must be allowed to use leave once this waiting period ends.

Does Michigan have a paid family or medical leave program?

No. Michigan currently follows the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave for qualifying family or medical reasons. The state does not offer a separate paid leave program but requires employers to protect job status during approved FMLA leave.

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