Understanding how Michigan labor laws work is important for both employers and employees. It helps employers stay compliant with state and federal break laws and ensures that employees are aware of their rights to work breaks.
Employers in Michigan are generally not required to provide rest or meal breaks to adult employees. However, when breaks are offered, FLSA-covered employers must follow federal guidelines.
This guide explains Michigan break laws, including rules for rest and meal breaks, protections for breastfeeding employees and minors, and the penalties for non-compliance.
Key Takeaways From Michigan Break Laws
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This Article Covers
- Rest Breaks in Michigan
- Meal Breaks in Michigan
- Breastfeeding Breaks in Michigan
- Breaks for Minor Employees in Michigan
- Penalties for Violating Break Laws in Michigan
Rest Breaks in Michigan
Employers in Michigan are not mandated by the state’s break laws to provide employees with any rest breaks.
If an employer chooses to provide breaks in Michigan and is subject to the federal Fair Labor Standards Act (FLSA), they must comply with specific federal regulations. Short rest breaks of five to 20 minutes must be paid and treated as hours worked during overtime calculations in Michigan.
These compensable rest hours also cannot be offset against other work hours, including on-call or waiting time.
Explore Michigan’s overtime laws in detail.
Meal Breaks in Michigan
Employees aged 18 and older are not entitled to meal breaks under Michigan break laws.
If an employer covered by the FLSA chooses to provide a meal break, the break must be 30 minutes or longer. A shorter break is allowed only in special cases.
These bona fide meal periods can be unpaid if the employee is fully relieved of all duties during the meal period. Otherwise, the break needs to be paid.
Employers can also restrict employees from leaving the work premises during the meal break as per federal break laws.
Learn about your rights as a salaried employee in Michigan.
Breastfeeding Breaks in Michigan
Michigan employers covered by the federal FLSA are required to provide reasonable break time for nursing employees to express milk for one year after childbirth. Employers must also provide a private, non-bathroom space that is shielded from view and free from intrusion. These protections are extended to a larger group of employees through the federal PUMP for Nursing Mothers Act.
While this breastfeeding break time can be unpaid, employees must be completely relieved from all job duties during this time. If an employee is required to work during the break, the pumping break time must be treated as paid work time.
Employees may also use their existing paid breaks for breastfeeding. In such cases, they must be compensated the same way others are paid for those breaks.
Some employees are exempt from federal breastfeeding break provisions, including some airline, railroad, and motorcoach carrier employees. Additionally, employers with fewer than 50 employees may qualify for an exemption if compliance would cause an undue hardship to their business operations.
Breastfeeding Breaks for Public Employees in Michigan
Certain state employees receive additional breastfeeding breaks and accommodations under the Michigan Department of Health and Human Services’ lactation room policy.
MDHHS employees are entitled to two to four breastfeeding breaks, each lasting up to 30 minutes, during an eight-hour shift to pump at work for the first 12 months after the child’s birth. Employees with children older than 12 months may continue using the lactation room with supervisor approval.
All buildings with MDHHS employees must also provide a private lactation space that is not a bathroom, is shielded from view, and is free from intrusion. If more than one employee uses the same lactation room, the space must allow for privacy between users. Employees may also breastfeed or express milk in their private workspace or another location approved by their supervisor.
The lactation room must include basic amenities such as a chair, table, electrical outlet, and flat surface. Employers may also provide optional amenities, including a sink, a refrigerator, anti-microbial wipes, a clock, milk storage guidelines, and calming images.
Employees can store expressed milk in break room refrigerators, designated refrigerators in the lactation room, or personal coolers. All stored milk must be clearly labeled with the employee’s name and date and properly stored.
Breaks for Minor Employees in Michigan
Minor employees under 18 are entitled to a 30-minute break after five hours of work, as mandated by the Michigan Youth Employment Standards Act.
Employers are also required to keep daily time records that show the starting and ending times of the minor’s shift, as well as the 30-minute uninterrupted break they received.
Penalties for Violating Break Laws in Michigan
For minor break or labor law violations in Michigan, employees or the public can file a complaint with Michigan’s Wage and Hour Division.
Employers who do not provide minors with the required 30-minute break may be fined up to $500 or face imprisonment for up to one year, or both, as per the Michigan Youth Employment Standards Act (YESA).
If an FLSA-covered employer in Michigan offers breaks, employees are not allowed to extend any approved breaks beyond the specified time limit. Doing so is considered a violation of federal law and may result in disciplinary action.
Michigan employers covered by the FLSA cannot fire, demote, or retaliate against an employee for requesting or using breastfeeding breaks. Retaliation in any form counts as a violation of the FLSA protections for nursing employees.
If retaliated against, nursing employees can report violations to the U.S. Department of Labor’s Wage and Hour Division or pursue a private lawsuit. If found guilty, the employer can be ordered to provide:
- Reinstatement or a promotion.
- Back pay, plus an equal amount in liquidated damages.
- Compensatory and other make-whole remedies.
- Punitive damages.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
