Knowledge — 1 month ago

Michigan Labor Laws and Employee Rights in Michigan

by Eddie V.

Michigan Labor Law, Michigan Labor Laws

What are Michigan Labor Laws?

Labor laws in Michigan are in place to protect the employees, as well as, the employers in the state.

Michigan wage & hour laws: Deduction from wages

In case any employer in the states wishes to deduct their employee’s wages for the benefit of the business, the latter need to give written consent in the beginning. Some of the common causes for an employer taking such a measure are breakage, damage, or cash shortages, loss of property owned by the employer, compulsory tools and uniforms, which are essential for the job. At the same time, the concerned employer cannot issue any kind of force or threat to get the employee’s consent.

Also, employers in the state are not permitted legally to withhold or deduct the wages of an employee from their paycheck excluding the following scenarios:

  • The employer gets consent in writing for withholding wages and holds back the wages of his/her employee with coercion.
  • The employer is mandated or permitted as a result of any collective bargaining agreement
  • The employer is mandated or enabled by law to do so
Michigan Labor Law

There are some scenarios where an employer in the state can hold back paychecks because of an overpayment although they are yet to receive the written consent. Such scenarios are as follows:

  • When an overpayment was made because of a misprint, clerical or typing error, or a miscalculation
  • An error leading to the overpayment took place due to an employee, the employer, or a representative of any one of them
  • When the deduction amount is below 15% of the gross wages of the employee for the specific pay period
  • In case the employer explains the reason for the deduction in writing. However, such an explanation should be received by the affected employee before the wage deduction in no less than one pay period
  • Such a deduction has to take place by six months post overpayment
 
  • The deduction does not bring down the employee’s effective wage rate
  • The said employee is offered the causes of holding back for at least one period before it happening
  • The overpayment happened due to misprint or error
  • Such a deduction does not bring down gross wage of the employee, which is either higher in comparison to the minimum wage of the federal government or the minimum wage of the state-whichever is less
  • Such a wage deduction takes place after making all deductions, which are needed as a result of any collective bargaining agreement or a law

Michigan overtime laws

The state law and the FLSA (Fair Labor Standards Act) require employers in Michigan to offer overtime pay to their eligible employees. It applies to the hour (s) worked over the stipulated 40 hours per week while the rate is time and a ½. Nonexempt employees in the state are only eligible for overtime pay. Administrative and professional employees in Michigan are also outside the scope of overtime pay.

Michigan Labor Laws

Michigan minimum wage laws

All employers in the state need to pay the maximum, minimum wage to their employees out of the following three potential laws:

  • Local
  • State
  • Federal

Michigan employers should also abide by the federal FLSA (Fair Labor Standard Act) that ascertains the standards required for wage and hours like overtime pay and minimum wage among others.

Recent rates for minimum wage in Michigan are mentioned below:

  • 2016-8.50 USD
  • 2017-8.90 USD
  • 2018-9.25 USD

Michigan meals and breaks

Employee below 18 years should get 30 minutes of an uninterrupted break when shift duration is more than five consecutive hours. Federal law requires paid short breaks too. There is no legal requirement for breaks for employees aged 18 years or above.  


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