Michigan Labor and Employment Law

Michigan Minimum Wage and Overtime

As of July 1, 2008, the Michigan minimum wage for employers who had at least two employees aged at least 16 years old is $7.40 per hour. As of October 1, 2006, minors aged 16 or 17 years old can be paid 85 percent of the minimum hourly wage rate. New employees aged 16 to 19 years old can receive a training wage of $4.25 for the first 90 days of their employment.

Employees are entitled to one-and-one-half times their regular rate of pay for weeks in which they work in excess of 40 hours.

Michigan Prevailing Wage

Michigan's Prevailing Wage law sets the wages required for state-financed or sponsored construction projects. The law requires that employees working on state-funded construction projects be paid wages comparable to those paid for similar work in the area the project is located. The wage is based on the rates contained in collectively bargained agreements that cover the locations of the state projects. The prevailing rates include wage and fringe benefit totals as well as overtime rates.

At Will Employment

Michigan is an "employment at will" state. As such, at-will employees can be terminated for any reason. The only exception is for employees who are covered by a contract that governs the terms of employment. Employees who are covered by an employment contract can only be terminated for the reasons set out in the contract. In Michigan, to overcome the presumption of at will employment the employee must show that the employer made unequivocal and clear statements of job security to the employee.

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act is a federal law regarding employee wages and hours worked, including overtime hours and wages. Under the FLSA, some workers can be exempted from overtime pay. However, those workers must fit the criteria the FLSA sets out for exemption. Michigan's laws also apply to employment subject to the FLSA. In cases where both the FLSA and state law apply, the law setting the higher standards must be observed.

More information on how the Fair Labor Standards Act applies to overtime can be found here.

Family Medical Leave Act (FMLA)

The Family Medical Leave Act (FMLA) is a federal act that requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees for the following reasons: birth and care of the employee's newborn child; care for a child after adoption or foster care placement; care for the employee's spouse, child or parent with a serious health condition; or for a serious health condition that affects the employee's ability to work.

Michigan employees are eligible for FMLA coverage if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months (not necessarily consecutive months) and if a minimum of 50 employees are employed by the same employer within 75 miles.

Covered employers are those who employ more than 50 employees within 75 miles of the worksite and have at least 50 employees who work 20 or more work-weeks in the current calendar year or the previous calendar year. Public agencies are covered by the FMLA regardless of the number of employees.

Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act is a federal law enacted to ensure that employees work in an environment that is free from recognized hazards. It is part of the United States Code, Title 29, Chapter 15.

Federal laws also protect employees from sexual harassment and discrimination, including race, age, disability and pregnancy discrimination.

Michigan employees who feel their rights have been violated may have the opportunity to bring their complaint before the courts.