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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Michigan employers must provide employees under 18 years of age with a 30 minute
uninterrupted rest period if scheduled to work more than 5 continuous hours. Mich. Comp.
Laws 409.112.
Michigan does not require employers to provide breaks, including lunch breaks, for
workers 18 years old or older. An employer who chooses to provide a meal, lunch, or
break period must complete relieve employees of their work duties for the break period to
be unpaid. MI Dept. of Labor Minimum Wage Facts.
Michigan employers must provide employees under 18 years of age with a 30 minute
uninterrupted rest period if scheduled to work more than 5 continuous hours. Mich. Comp.
Laws 409.112.
Michigan does not require employers to provide breaks, including lunch breaks, for
workers 18 years old or older. An employer who chooses to provide a meal, lunch, or
break period must complete relieve employees of their work duties for the break period to
be unpaid. MI Dept. of Labor Minimum Wage Facts.
Vacation
In Michigan, employers are not required to provide employees with vacation benefits, either
paid or unpaid. See Slomka v. Hamtramck Housing Commission, 2006 Mich. App. Lexis
2013 (2006). If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract. Mich.Comp. Laws 408.473; see
also Briney v. Kelsey-Hayes and Variety Corp., 2001 Mich. App. Lexis (2001).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment, so long as the
employees have signed contracts or written statements agreeing to the policy. See Mich.
Dept. of Labor & Economic Growth: Payment of Fringe Benefits at Termination.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year, so long as employees have signed contracts or written
statements agreeing to the policy. See Mich. Dept. of Labor & Economic Growth: Payment
of Fringe Benefits at Termination.
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Mich. Comp. Laws 408.473.
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. See Mich.
Dept. of Labor & Economic Growth: Payment of Fringe Benefits at Termination.
An employer may cap the amount of vacation leave an employee may accrue over time, so
long as employees have signed contracts or written statements agreeing to the policy. See
Mich. Dept. of Labor & Economic Growth: Payment of Fringe Benefits at Termination.
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it, so long as the employee has agreed to the policy in writing.
See Mich. Comp. Laws 408.473.
In Michigan, employers are not required to provide employees with vacation benefits, either
paid or unpaid. See Slomka v. Hamtramck Housing Commission, 2006 Mich. App. Lexis
2013 (2006). If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract. Mich.Comp. Laws 408.473; see
also Briney v. Kelsey-Hayes and Variety Corp., 2001 Mich. App. Lexis (2001).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment, so long as the
employees have signed contracts or written statements agreeing to the policy. See Mich.
Dept. of Labor & Economic Growth: Payment of Fringe Benefits at Termination.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year, so long as employees have signed contracts or written
statements agreeing to the policy. See Mich. Dept. of Labor & Economic Growth: Payment
of Fringe Benefits at Termination.
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Mich. Comp. Laws 408.473.
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. See Mich.
Dept. of Labor & Economic Growth: Payment of Fringe Benefits at Termination.
An employer may cap the amount of vacation leave an employee may accrue over time, so
long as employees have signed contracts or written statements agreeing to the policy. See
Mich. Dept. of Labor & Economic Growth: Payment of Fringe Benefits at Termination.
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it, so long as the employee has agreed to the policy in writing.
See Mich. Comp. Laws 408.473.
Severance
Michigan law does not require employers to provide employees with severance pay. Mich.
Dept. of Labor & Economic Growth: Fringe Benefits Definition. If an employer chooses to
provide severance benefits, it must comply with the terms of its established policy or
employment contract.
Michigan law does not require employers to provide employees with severance pay. Mich.
Dept. of Labor & Economic Growth: Fringe Benefits Definition. If an employer chooses to
provide severance benefits, it must comply with the terms of its established policy or
employment contract.
Holidays
Michigan law does not require employers to provide employees with either paid or unpaid
holiday leave. In Michigan, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract. Mich. Dept. of Labor & Economic Growth FAQs.
Michigan law does not require employers to provide employees with either paid or unpaid
holiday leave. In Michigan, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract. Mich. Dept. of Labor & Economic Growth FAQs.
Minimum Wage
Michigan's current minimum wage is $7.40. MI Dept. of Labor Minimum Wage Facts.
Some exceptions apply to Michigan's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
minimum wage law will apply as it generally guarantees a higher wage rate for employees
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Michigan's current minimum wage is $7.40. MI Dept. of Labor Minimum Wage Facts.
Some exceptions apply to Michigan's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
minimum wage law will apply as it generally guarantees a higher wage rate for employees
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Overtime
Michigan requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a workweek, unless otherwise exempt. Mich.
Comp. Laws 408:384a. See FLSA: Overtime for more information regarding overtime
requirements.
Michigan requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a workweek, unless otherwise exempt. Mich.
Comp. Laws 408:384a. See FLSA: Overtime for more information regarding overtime
requirements.
Sick Leave
Michigan law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. An employer would not be
required to pay an employee for accrued sick leave upon separation from employment
unless its policy or employment contract required it to do so. Mich. Dept. of Labor &
Economic Growth FAQs.
An employer in Michigan may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Michigan law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. An employer would not be
required to pay an employee for accrued sick leave upon separation from employment
unless its policy or employment contract required it to do so. Mich. Dept. of Labor &
Economic Growth FAQs.
An employer in Michigan may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.
An employer may not discharge, discipline, or threaten an employee for being summoned
for jury duty, serving on a jury, or having served on a jury.
An employer may not require an employee who serves jury duty, without the employees
voluntary consent or pursuant to a collective bargaining agreement, to work:
- any number of hours during a day which, if added to the number of hours which the
employee spends on jury duty, exceeds the number of hours normally worked by the
employee during a day, or
- the number of hours normally worked by the employee if it would result in the employee
be required to work past the employee's normal quitting time.
Michigan Stat. 600.1348
An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.
An employer may not discharge, discipline, or threaten an employee for being summoned
for jury duty, serving on a jury, or having served on a jury.
An employer may not require an employee who serves jury duty, without the employees
voluntary consent or pursuant to a collective bargaining agreement, to work:
- any number of hours during a day which, if added to the number of hours which the
employee spends on jury duty, exceeds the number of hours normally worked by the
employee during a day, or
- the number of hours normally worked by the employee if it would result in the employee
be required to work past the employee's normal quitting time.
Michigan Stat. 600.1348
