If you’re working in Michigan (or planning to), knowing your rights is crucial.
A Complete Guide to Worker Rights in Michigan—walks you through the key protections, laws, and steps you can take if your rights are violated.
Introduction
In this Complete Guide to Worker Rights in Michigan, we’ll cover everything from wages to discrimination to safety. Whether you’re full-time, part-time, temporary, or a tipped worker, these rights apply broadly (with some exceptions). Knowing your rights helps you protect yourself and hold employers accountable.
Basic Employment Status & At-Will Employment
Michigan (like many U.S. states) generally operates under the doctrine of at-will employment. That means either the employer or the employee can end the employment relationship at any time, for any reason—or for no reason—so long as the reason is not illegal.
However, there are limits:
- You can’t be fired for an illegal reason (e.g. discrimination, retaliation, or a reason that violates public policy).
- If you have a written contract or have agreed to a term of employment, your rights may differ.
So, even though “at-will” is the default, many exceptions and protections exist.
Minimum Wage, Overtime & Wage Laws
Minimum Wage in Michigan
As of February 21, 2025, Michigan’s minimum wage is $12.48 per hour for most employees.
For tipped employees, the minimum direct wage is $5.99 per hour, but combining tips must bring their total to at least $12.48.
Minor (under 18) workers in Michigan may be paid 85% of the minimum wage (i.e. a “training wage”) under certain conditions.
Overtime
Nonexempt workers must generally receive overtime pay at 1.5× (time and a half) their regular rate for hours worked over 40 hours in a workweek.
Payment of Wages & Timely Pay
Workers are entitled to be paid in a timely fashion. If you leave a job voluntarily, your employer must pay you all due wages as soon as practicable.
Michigan also has rules under its Payment of Wages and Fringe Benefits Act that govern how and when wages must be paid.
Youth Employment and Breaks
For employees under 18, Michigan labor law requires a 30-minute uninterrupted break if they work more than five hours.
For adult workers (18+), there is no state law mandating meal or rest breaks.
Earned Sick Time / Paid Leave
Michigan is introducing changes to paid leave laws. The Earned Sick Time Act (ESTA) will replace the existing Paid Medical Leave Act (PMLA) starting February 21, 2025.
Under ESTA:
- Employees accrue 1 hour of sick leave for every 30 hours worked.
- Employers with 10 or more employees must allow up to 72 hours of paid earned sick time per year; smaller employers must provide 40 hours of paid plus 32 hours unpaid.
- Unused time must carry over, though usage may be capped.
- Permitted uses include: illness, medical appointments, caring for a family member, domestic violence, and other qualifying reasons.
If you believe your employer is violating your sick leave rights, you can file a complaint with the Michigan Department of Labor & Economic Opportunity.
Workplace Safety & Health
All workers in Michigan have a right to a safe work environment. Michigan’s Occupational Safety and Health Administration (MIOSHA) enforces safety standards under the Michigan Occupational Safety and Health Act (Act 154 of 1974).
Key points:
- Employers must comply with safety and health standards.
- Workers or their representatives can file complaints or request inspections.
- MIOSHA can issue citations and penalties for violations.
If you believe your workplace is unsafe, you have the right to alert MIOSHA (or your employer) and refuse to perform obviously dangerous work (depending on context).
Anti-Discrimination, Harassment & Retaliation
State & Federal Protections
Workers must be free from discrimination on bases such as race, color, religion, sex, national origin, disability, age, etc. These protections come from both federal laws (e.g. Title VII, ADA, ADEA) and Michigan labor laws like the Elliott-Larsen Civil Rights Act (ELCRA).
Significantly:
- In 2023, Michigan formalized protections under ELCRA to explicitly include sexual orientation and gender identity.
- The state also offers protections for pregnant workers, those seeking abortions, and discrimination based on hairstyle or texture under recent amendments.
Harassment & Retaliation
- Harassment (e.g. sexual harassment, hostile work environment) is illegal.
- Retaliation by an employer against a worker who complains, files a claim, or participates in an investigation is illegal.
If you believe you’ve been discriminated against or retaliated against, you can file a complaint with the Michigan Department of Civil Rights (MDCR) or the U.S. Equal Employment Opportunity Commission (EEOC).
Leaves, Family & Medical Leave, Unemployment
Family & Medical Leave
Michigan does not have a standalone state-level FMLA (Family and Medical Leave) law. Instead, federal FMLA (for qualifying employers) governs leave for serious health conditions, childbirth, or caring for family members.
Michigan’s PMLA / ESTA cover shorter leave (sick leave) but are not full family leave substitutes.
Unemployment Benefits
If you lose your job through no fault of your own, you may qualify for unemployment benefits under Michigan’s Employment Security Act.
A new law effective April 1, 2025 will extend maximum weeks of eligibility and increase the maximum weekly benefit (from $362 to $614 over time).
WARN Act (Mass Layoffs)
At the federal level, the WARN Act requires large employers (100+ employees) to provide 60 days’ notice before plant closings or mass layoffs, with exceptions.
Michigan also enforces applicable state rules in coordination with federal ones.
Privacy, Speech & Organizing Rights
Workers have limited privacy rights on the job, and those rights vary based on context (e.g. employer policies, expectations, contracts).
Workers in Michigan have rights to:
- Join or not join labor unions.
- Engage in collective bargaining (if unionized).
- Speak about terms and conditions of employment (protected concerted activity) under federal law (e.g. NLRA) in many circumstances.
Note: Michigan is no longer a “right-to-work” state. That means in union shops, employees might be required to pay union dues or fees under certain conditions.
What To Do If Your Rights Are Violated
If you believe an employer is violating your worker rights in Michigan:
- Document everything. Keep emails, pay stubs, schedules, performance reviews, and notes of conversations.
- Raise the issue internally. Use your employer’s grievance or complaint process if available.
- File with government agencies. Depending on the issue:
- For wage issues: Michigan Department of Labor & Economic Opportunity (Wage & Hour Division).
- For discrimination: Michigan Department of Civil Rights (MDCR) or EEOC.
- For health and safety: MIOSHA.
- Consult an attorney. Employment law can be complex, and a lawyer can help you assess your case, rights, and legal strategy.
- Be aware of deadlines. Many claims have strict time limits (statutes of limitations) for filing complaints.
Conclusion:
This Complete Guide to Worker Rights in Michigan gives you the overview you need to know your protections and options. Worker rights in Michigan cover wages, overtime, sick leave, safety, anti-discrimination, privacy, and more. Always keep yourself informed. When in doubt, reach out to a labor attorney or the relevant state agency for help.
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