Michigan employment law overview

Michigan has laws that provide greater protections to employees than federal law, including broader antidiscrimination protections and disability accommodation rights and a higher minimum wage, but generally follows federal law with respect to topics such as leaves of absence and occupational safety. 

Select Michigan employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Michigan employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Elliott-Larsen Civil Rights Act prohibits Michigan employers with one or more employees from discriminating based on certain characteristics, including but not limited to: 

• Religion; 
• Race 
• Color 
• National origin; 
• Sex; 
• Age; 
• Marital status; 
• Height; and 
• Weight. 

The Act explicitly prohibits sexual harassment. 

Michigan’s Persons with Disabilities Civil Rights Act prohibits discrimination on the basis of disability or genetic information and requires an employer to provide reasonable accommodations for the known disabilities of qualified individuals with disabilities. 

Equal pay 

Under Michigan’s Workforce Opportunity Wage Act, an employer with two or more employees may not discriminate on the basis of sex by paying employees of one gender a rate that is less than the rate paid to employees within the same establishment of the opposite sex for equal work. Employers may, however, base pay differentials on a: 

• Seniority system; 
• Merit system; 
• System measuring earnings by quantity or quality of production; or 
• A factor other than sex. 

Pay transparency  

Michigan does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Michigan does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights 

An employer may not require that employees refrain from disclosing their wages as a condition of employment or require employees to waive their right to disclose their wages. Similarly, an employer may not terminate, discipline or discriminate against employees who disclose their wages. 

Pregnancy accommodation 

Michigan does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks 

Michigan does not have requirements for private employers related to breastfeeding breaks. 

Access to personnel files 

Under the Bullard-Plawecki Employee Right to Know Act, employers with four or more employees must allow employees to inspect their personnel records: 

• At reasonable intervals; 
• At a location reasonably near the employee’s place of employment; 
• No more than two times per calendar year; and 
• During normal office hours. 

Employees may request a copy of the records, and the employer may charge a reasonable copying fee. 

Whistleblower protections 

Michigan’s Whistleblowers’ Protection Act prohibits employers from terminating, threatening or otherwise discriminating against an employee because the employee reports or is about to report to a public body, verbally or in writing, a violation or a suspected violation of a law, regulation or rule. 

Scheduling 

Michigan does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Michigan does not currently have laws relating to credit checks, ban the box and E-Verify applicable to private employers.   

Wage and hour 

Michigan employers may be required to comply with certain wage and hour requirements.

Minimum wage 

The minimum wage in Michigan is currently $13.73 per hour. There are certain exemptions, and a separate minimum wage rate exists for tipped employees. 

Overtime 

Nonexempt employees must be paid one-and-one-half times their regular rate of pay for hours worked over 40 in a workweek. 

Meal and rest breaks 

Minors who work five continuous hours are entitled to a meal or rest break of at least 30 minutes. 

Child labor 

Child labor laws in Michigan restrict the occupations in which minors may be employed and the number of hours and times during which they may work. Michigan’s Youth Employment Standards Act (YESA) prohibits certain occupations for minors under 18, including but not limited to: 

• Construction; 
• Machine operation and maintenance; 
• Roofing; 
• Demolition; and 
• Mining. 

Minors are restricted from working after 8:00 p.m. or after sunset, whichever is earlier, if the work involves cash transactions at a fixed location, unless an adult employee is present. 

Minors generally may not work: 

• More than six days per week; 
• More than 10 hours in one day; and 
• More than a weekly average of eight hours per day. 

In addition, minors 15 years and younger may not work between 9 p.m. and 7 a.m. Minors 16 years and older may not work between 10:30 p.m. (11:30 p.m. on weekends and when school is not in session) and 6 a.m. 

Minors who work five continuous hours are entitled to a meal or rest break of at least 30 minutes. 

Pay and benefits 

Michigan employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

The Payment of Wages and Fringe Benefits Act requires Michigan employers to pay employees’ wages in cash or by check or money order. An employer may pay wages by direct deposit, electronic paycard or payroll debit card under certain circumstances. 

Pay frequency and lag time 

Wages may be paid weekly, biweekly, semimonthly or monthly. Lag time rules vary depending on pay frequency. 

Pay deductions 

Wage deductions are prohibited unless they are allowed by law or a collective bargaining agreement, are authorized by the employee in writing or are for the employer’s benefit (e.g., cost of uniforms). 

Pay statements 

Every time wages are paid, employers must provide a statement (e.g., a pay stub) for each employee with the following information: 

• Hours worked; 
• Gross wages paid; 
• The pay period for which payment is being made; and 
• Itemized deductions. 

Wage theft 

Michigan does not have a wage theft law applicable to private employers. 

Health care continuation 

Michigan does not have a state health care continuation law applicable to private employers. 

Temporary disability insurance 

Michigan does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Michigan employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Michigan does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Under the Earned Sick Time Act (ESTA), covered employers must provide eligible employees with paid sick and safe leave. Employees accrue sick leave at a rate of one hour for every 30 hours worked. Paid sick leave may be used for the following reasons: 

• The employee’s or a covered family member’s mental or physical illness, injury or health condition; need for medical diagnosis, care or treatment; or need for preventative medical care; 
• The employee or a covered family member is a victim of domestic violence or sexual assault; 
• Meetings at a child’s school or place of care related to the child’s health or disability or the effects of domestic violence or sexual assault on the child; and 
• Reasons related to a public health emergency, including exposure to a communicable disease. 

Other time off requirements 

In addition to the paid sick leave law, Michigan has a few laws relating to required time off and leaves of absence, which cover all employers. These laws include: 

• Jury duty leave; 
• Crime victim leave; 
• Military leave; and 
• Civil Air Patrol leave. 

Health and safety 

Michigan employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Michigan has a federally approved program or State Plan for workplace safety and health. Under the Michigan Occupational Safety and Health Act (Act), the state has created methods to implement safety and health laws and regulate the working conditions of employees throughout the state. 

Drug and alcohol testing 

Michigan does not have a law that specifically governs workplace drug and alcohol testing. Michigan employers may establish their own drug and alcohol testing policies and require employees and job applicants to submit to drug and alcohol tests, as long as the testing policy complies with the ADA, the Michigan Persons With Disabilities Civil Rights Act, collective bargaining agreements and other laws that protect workers from discrimination or violations of privacy. 

Smoke-free workplace 

Under Michigan’s Smoke-Free Air Law, smoking is banned in most public places, including a place of employment. An employer must post “No Smoking” signs prominently and remove all ashtrays where smoking is prohibited. 

Weapons in the workplace 

An employer may not prohibit an employee with a permit from carrying a concealed firearm in the workplace or parking lot areas. However, an employer may prohibit an employee from carrying a concealed pistol in the course of employment. 

Safe driving practices 

Michigan bans all drivers from texting while operating a vehicle. The ban extends to such actions as reading, typing or sending text messages on any communication device located in a person’s hand or lap, while operating a moving motor vehicle. 

Organizational exit 

Michigan employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Employers generally must pay terminated employees, regardless of whether the termination was voluntary or involuntary, all wages due by the next regular payday. 

Accrued benefits, such as vacation time, must be paid on termination as provided in a written employment contract or employer policy. 

An employer must pay all of the deceased employee’s unpaid wages due, including fringe benefits under a written contract, policy or plan, to one or more of the following surviving relatives in the order listed: 

1. Spouse; 
2. Children; 
3. Parent; or 
4. Sibling. 

Mass layoffs 

Michigan does not have its own version of the federal WARN Act. 

AI in employment 

Michigan does not have a law related to AI in employment applicable to private employers.