Michigan employment law compliance requirements

Michigan allows non-competes that are reasonable in duration and geographical scope to protect competitive business interests.

MCL 445.774a · effective Jan 2020

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employers with 50 or more employees must provide eligible employees with at least 1 hour of paid medical leave for every 35 hours worked, up to 40 hours per year.

Mich. Comp. Laws § 408.963 · effective Mar 2019 · source

Employees who are discharged or who voluntarily quit must be paid all earned wages by the regularly scheduled payday for the period in which the termination occurred.

Mich. Comp. Laws § 408.475 · effective Aug 1978 · source

Michigan employers must post notices to inform employees of their protections and rights under the Whistleblowers' Protection Act. This notice must be displayed in conspicuous places accessible to all employees.

Mich. Comp. Laws § 15.366 · effective Mar 1981 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Michigan's minimum wage is set to $10.33 per hour, with a tipped employee minimum cash wage of $3.93 per hour.

Mich. Comp. Laws § 408.934 · effective Jan 2024 · source

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Michigan's overtime requirements apply to any employer employing 2 or more employees, which is broader than the federal FLSA threshold. Employees must be paid 1.5 times their regular rate for hours worked over 40 in a workweek.

Mich. Comp. Laws § 408.934a · effective Mar 2019 · source

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Non-compete agreements are enforceable only if they protect a legitimate business interest and are reasonable in duration, geographical area, and line of business.

Mich. Comp. Laws § 445.774a · effective Dec 1987

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990

Minor employees under the age of 18 must be provided with a documented, uninterrupted meal or rest break of at least 30 minutes if they work more than 5 continuous hours.

Mich. Comp. Laws § 409.112 · effective Jun 1978 · source