Michigan Overtime State Law 2026
Michigan’s overtime framework continues to align with the federal FLSA while being anchored in the state’s Improved Workforce Opportunity Wage Act (IWOWA). The big 2025 shift is wage-based: as of February 21, 2025, the state minimum wage increased and a new tipped-wage schedule began phasing in.
These updates do not change the core overtime trigger (time-and-a-half after 40 hours in a workweek), but they do affect regular-rate calculations and cash wage floors for tipped staff.
Overview of Michigan Overtime Laws
Michigan overtime rules mirror federal principles with a few state-specific wrinkles:
- Standard Overtime Rate: Non-exempt employees earn 1.5× their regular rate for hours worked over 40 in a workweek.
- No Daily Overtime Rule: Michigan calculates overtime by the workweek (not per day). Certain hospitals may use a written 14-day (8/80) system by agreement.
- No Double-Time Requirement: State law does not mandate double time for weekends/holidays; overtime is still based on hours over 40. Federal guidance is the same.
- Agricultural Employees: Michigan exempts employees “employed in agriculture” from state overtime.
- Leave Hours: Vacation, sick, and holiday hours generally do not count toward overtime—only hours actually worked are included under federal rules used to compute OT.
The following table summarises the key provisions affecting overtime calculations statewide.
| Change Area | 2025 Update / Detail |
| Statewide Minimum Wage (IWOWA) | Effective Feb. 21, 2025: $12.48/hour. Scheduled increases: $13.73 (Jan. 1, 2026) and $15.00 (Jan. 1, 2027). |
| Tipped Employee Cash Wage | 38% of the state minimum wage in 2025 ($4.74 when the minimum is $12.48); increases to 40% in 2026, 42% in 2027, then steps up annually to 50% by 2031. Tips must still bring total pay to at least the state minimum. |
| 85% Youth Rate (Under 18) | 85% of the minimum wage (e.g., $10.61 at a $12.48 minimum). |
| Training Wage | $4.25/hour for employees under age 20 during their first 90 calendar days of employment. |
| Coverage Threshold | IWOWA generally covers employers with 2 or more employees age 16+. |
| Compensatory Time (“Comp Time”) | Michigan law permits comp time at 1.5 hours per overtime hour if specific notice/voluntariness and accrual-cap rules are met. |
These updates strengthen baseline pay while keeping the familiar weekly-overtime structure intact. Employers should update payroll settings for the new wage schedule and tipped percentages and confirm that comp-time plans (if used) satisfy statutory conditions.
Michigan Overtime Pay Calculation Example [once calculator is live]
Eligibility for Overtime
Not every worker in Michigan is automatically eligible for overtime. The rules distinguish between non-exempt and exempt employees:
Non-Exempt Employees
Eligible for overtime after 40 hours in a workweek, regardless of pay method.
Exempt Employees
Must meet salary and duties criteria. Michigan’s statute recognizes exemptions for executive, administrative, and professional employees (among others).
Industry-Specific Exceptions
- Agricultural employees (state OT exemption).
- Seasonal amusement or recreational establishments operating less than seven months/year (exempt).
- Elected officials and political appointees (exempt).
- Hospitals/residential care may use a 14-day/8-80 overtime system if adopted in writing.
- Tipped employees are covered by overtime rules; when a tip credit is taken, federal law requires computing the overtime premium on the full minimum wage, not just the cash wage.
Michigan Federal vs. State Overtime Rules
Michigan’s rules largely match federal law, with a few Michigan-specific provisions (e.g., comp-time option and enumerated exemptions).
Example: If an employee works 45 hours in a week at $20/hr
- Federal law: Paid 40 × $20 = $800, plus 5 × ($20 × 1.5) = $150. Total = $950.
- Michigan law: The same base calculation applies because overtime is triggered after 40 hours/week.
| Aspect | Federal (FLSA) | Michigan State Law |
| Overtime Threshold | >40 hrs/week | >40 hrs/week (generally) |
| Daily Overtime | No | No (8/80 option for certain hospitals if adopted) |
| Double Time | No | No |
| Overtime Rate | 1.5× regular rate | 1.5× regular rate |
| Agricultural Workers | Many categories exempt | Under state law, agriculture is exempt from OT |
| Leave Hours Counted? | No | No |
Example:
- A retail worker in Michigan who works 50 hours must be paid 10 hours of overtime at 1.5×.
- An agricultural field worker may be exempt from state overtime even if they exceed 40 hours. Michigan Legislature
Exemptions in Michigan
Michigan law exempts several categories of workers from overtime. These commonly include:
- Executive, administrative, and professional employees meeting duties/salary tests.
- Outside salespersons (covered under federal EAP framework) and related categories recognized by federal law.
- Agricultural employees employed on farms.
- Seasonal amusement or recreational workers (short operating seasons).
- Certain public safety and hospital/residential care employees under the special 7–28 day or 14-day systems.
Employers should carefully evaluate whether an employee truly qualifies as exempt. Misclassification can result in back pay, liquidated damages, and civil fines.
Employer Obligations and Employee Rights
Michigan employers must follow strict wage and hour rules:
- Timely payment: Wages (including overtime earned) must be paid on the regular scheduled payday, per the Payment of Wages and Fringe Benefits Act.
- Recordkeeping: Employers must keep accurate wage and hour records under state and federal law.
- Wage claims: You may file a state minimum wage or overtime complaint within 3 years of the alleged violation.
- Penalties: Civil fines can reach $1,000 for failure to pay minimum wage or overtime, and $2,500 for failing to pay minimum wage to tipped employees. Liquidated damages may also apply.
- Protection against retaliation: State law forbids retaliation for exercising wage-and-hour rights or filing a complaint.
Employees can also seek help under federal law through the U.S. Department of Labor, which enforces FLSA overtime.
Got questions?
Overtime applies after 40 hours in a workweek, at 1.5× the regular hourly rate.
Yes. Executive, administrative, and professional employees, agricultural employees, certain seasonal amusement/recreation workers, and specific public-sector/hospital roles under special schedules may be exempt from standard weekly OT.
No. Overtime is based on hours over 40 in a workweek (with an optional 8/80 system only for certain hospitals by written agreement).
Employers may take a state-permitted tip credit toward the minimum wage (e.g., $4.74 cash wage in 2025), but the overtime premium must be computed on the full minimum wage under federal rules, not just the cash wage.
Yes. State law exempts agricultural employees from overtime requirements.