Michigan Overtime Exemptions Laws


Executive exemption

Michigan exempts executive employees from its overtime requirements. MI Laws 408.934a(4)(a) Employees qualify as executive employees if they:

  • are compensated at least $455 per week on a salary basis;
  • have primary duties that consist of management; and
  • supervises two (2) or more employees;

MI Regs. 408.701(f); MI Regs. 408.9002(2)(b)

Employees working in a retail or service establishment may qualify for the executive exemption so long as they do not spend more than 40% of their time performing non-executive duties. MI Laws 408.934a(4)(a)


Administrative exemption

Michigan exempts administrative employees from its overtime requirements. MI Laws 408.934a(4)(a) Employees qualify as administrative employees if they:

  • are compensated at least $455 per week on a salary basis;
  • have primary duties that consist of office or nonmanual work directly related to the management or general business operations of the employer; and
  • uses discretion and independent judgment in matters of significance.

MI Regs. 408.701(b); MI Regs. 408.9002(2)(a)

Employees working in a retail or service establishment may qualify for the administrative exemption so long as they do not spend more than 40% of their time performing non-executive duties. MI Laws 408.934a(4)(a)


Professional exemption

Michigan exempts professional employees from its overtime requirements. MI Laws 408.934a(4)(a) Employees qualify as administrative employees if they:

  • are compensated at least $455 per week on a salary basis;
  • have primary duties that consist of either:
    • working in a science field or in a professional that requires knowledge that is acquired through a prolonged course of specialized instruction;
    • working in a recognized artistic field that depends on the employee’s talent; or
    • working as a teacher, tutor, instructor, or lecturer at an educational institutions.

MI Regs. 408.701(i); MI Regs. 408.9002(2)(c)


Outside salesman exemption

Michigan law does not exempt outside salesmen from its minimum wage or overtime requirements.


Computer employee exemption

Michigan law does not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage or overtime requirements.


Other minimum wage and overtime exemptions

Michigan does not exempts any other individuals working for an employer from both its minimum wage and overtime requirements.


Overtime only exemptions

Michigan exempts the following individuals from its overtime requirements:

  • publicly elected officials
  • political appointees of publicly elected officials who are not subject to the civil service system
  • employees of an amusement or recreational establishment that is not open for more than seven (7) months in a calendar year
  • employees working in agriculture, including farming in all its branches, which includes, among other things: cultivating and tilling the soil; dairying; producing, cultivating, growing, and harvesting agricultural or horticultural commodities; raising livestock, bees, fur-bearing animals, or poultry; and any other activities, including forestry or lumbering operations, that are incident to or performed in conjunction with farming operations, including preparing goods for market, delivering goods to storage, to market, or to a carrier for transportation to market, or processing or preserving of perishable farm products
  • employees not subject to the minimum hourly wage rate

MI Statute 408.934a(4)


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