Labor Law

Key Aspects of Labor Law in Michigan

Labor law in Michigan is influenced by both federal and state laws. The most significant federal laws that affect labor rights in Michigan include the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), and the Occupational Safety and Health Act (OSHA). However, Michigan also has its own state-specific laws that shape labor protections within the state.

1. Right to Work Laws in Michigan

In Michigan, labor law is significantly shaped by the Right to Work law, which was enacted in 2012. Right to Work laws prohibit employers and unions from requiring workers to join or pay union dues as a condition of employment. Michigan’s adoption of Right to Work status marked a significant shift in labor relations in the state, especially for industries where unions historically had strong influence, such as manufacturing and automotive.

Under the Michigan Right to Work Law, employees are not required to join a union or pay union dues if they do not wish to. While unions still have the ability to negotiate collective bargaining agreements, they cannot force employees to financially support the union unless they voluntarily choose to do so. This law has been a point of controversy, with supporters arguing that it promotes worker freedom and attracts businesses, while critics assert that it weakens unions and reduces worker protections.

2. Collective Bargaining and Unionization

In Michigan, as in other states, workers have the right to unionize and engage in collective bargaining under both federal and state law. The National Labor Relations Act (NLRA) protects employees' rights to form, join, or assist labor unions, engage in collective bargaining, and participate in concerted activities for mutual aid and protection.

Unions in Michigan continue to play a critical role in industries such as manufacturing, public services, and healthcare. However, union membership in Michigan has decreased in recent decades, partly due to the enactment of Right to Work laws.

For workers wishing to unionize, the process generally involves a petition to the National Labor Relations Board (NLRB) or a state agency, followed by a union election. Once a union is established, the union and employer enter into collective bargaining over wages, hours, benefits, and working conditions. Employers are required to negotiate in good faith, and unions must represent the interests of their members fairly.

3. Wage and Hour Laws in Michigan

Labor law in Michigan also regulates the wages and hours that employers can set for their workers. Some of the key provisions are established under both federal and state law.

• Minimum Wage: The Michigan Minimum Wage Law sets the state's minimum wage at $10.10 per hour as of 2024, although local jurisdictions such as Detroit may implement higher wage standards. Additionally, workers who earn tips (such as waitstaff) may be paid a lower hourly wage, provided their total earnings meet or exceed the minimum wage.
• Overtime Pay: Under both Michigan and federal law (FLSA), non-exempt employees are entitled to overtime pay for hours worked beyond 40 hours in a workweek. Overtime pay is generally calculated at one and a half times the employee’s regular hourly rate.
• Child Labor: Michigan labor law also protects minors who are employed. There are restrictions on the types of work minors can perform and the number of hours they can work. These protections are meant to prevent exploitation and ensure that minors can focus on education while gaining work experience.
• Paid Sick Leave: Michigan requires certain employers to provide paid sick leave to workers. In 2018, Michigan voters passed the Paid Sick Leave Law, mandating that employers with 50 or more employees provide paid sick leave to their workers. Employees accrue paid sick leave based on hours worked, and the law allows employees to use sick leave for personal illness, medical appointments, and family caregiving needs.

4. Workplace Safety and Health Regulations

Workplace safety is a crucial component of labor law, and Michigan enforces its own state-level occupational safety regulations in addition to federal standards set by the Occupational Safety and Health Administration (OSHA). Michigan’s Occupational Safety and Health Act (MIOSHA) aims to protect workers from workplace hazards that could cause injury or illness.

MIOSHA enforces standards across a variety of industries, including construction, manufacturing, and healthcare. Employers are required to maintain a safe work environment, provide necessary protective equipment, and ensure that employees are trained to handle potentially hazardous situations.

Workers who believe that their workplace is unsafe can file complaints with MIOSHA, which may conduct inspections or investigations. If violations are found, the employer may face fines or other penalties. Additionally, workers who are injured on the job are entitled to compensation under Michigan’s Workers’ Compensation Act, which provides benefits for medical expenses, lost wages, and rehabilitation services for injured workers.

5. Discrimination and Harassment Protections

Both federal and state law prohibit discrimination in the workplace based on race, color, religion, sex, national origin, disability, age, or other protected characteristics. In Michigan, the Michigan Civil Rights Act (CRA) provides additional protections against discrimination for employees working in both the public and private sectors.

The CRA prohibits employment discrimination based on race, sex, religion, national origin, age, disability, and familial status. Additionally, the act prohibits sexual harassment and provides a legal framework for employees to file complaints if they experience harassment or discrimination in the workplace.

If an employee in Michigan believes they have been the victim of workplace discrimination or harassment, they can file a complaint with the Michigan Department of Civil Rights (MDCR). The MDCR investigates claims and can take action if it determines discrimination has occurred.

6. Employment At-Will in Michigan

Michigan is an at-will employment state, meaning that, in most cases, an employer can terminate an employee at any time for any legal reason, and the employee can leave the job at any time without reason or notice. However, there are important exceptions to this general rule. For example, employers cannot fire employees based on discrimination or retaliation for reporting illegal activities (whistleblowing). Additionally, an employer cannot fire an employee in violation of an implied contract or public policy.

At-will employment is a central part of the employment relationship in Michigan, but workers should be aware of their rights under state and federal laws to ensure they are protected from unjust termination.

Conclusion

Labor law in Michigan provides a complex but essential framework for ensuring fair treatment of workers while balancing the interests of employers. Whether it’s protecting workers’ right to unionize, ensuring fair wages and hours, maintaining workplace safety, or providing protections against discrimination, Michigan labor law is designed to create a fairer, more equitable working environment.

If you are a worker facing issues with wages, discrimination, or safety in the workplace, or if you are an employer seeking to ensure compliance with Michigan’s labor laws, consulting with an experienced labor attorney is always a wise step. With proper guidance, both workers and employers can navigate Michigan’s labor law landscape to ensure compliance and protect workers’ rights.

Works Cited

Michigan Department of Labor and Economic Opportunity, "Labor Laws," https://www.michigan.gov/leo.

Michigan Civil Rights Commission, "Michigan Civil Rights Act," https://www.michigan.gov/mdcr.

Michigan State Bar, "Labor Law in Michigan," https://www.michbar.org.