Governor Snyder Implements Changes To Michigan’s Minimum Wage And Sick Leave Laws

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Governor Rick Snyder signed bills today implementing changes to Michigan’s minimum wage and paid sick time laws. These changes have the potential to affect most employers with Michigan employees.

Public Act 368 of 2018 (“PA 368”) effectively slows down the Legislature’s initial proposal to increase Michigan’s minimum wage significantly. Under the new law, Michigan’s minimum wage will be $9.45 in 2019; $9.65 in 2020; and $9.87 in 2021. PA 368 will not implement a $12 per hour minimum wage increase until 2030. However, no minimum wage increases will be implemented if the unemployment rate is 8.5% or greater in the preceding year.

In addition, PA 368 implements the following:

  • Changes in overtime pay for police and firefighters
  • Changes in overtime pay for employees of public hospitals and health care services

Public Act 1175 of 2018 (“PA 1175”) provides certain employees with mandatory paid medical leave for personal or family health needs. Subject to limitations in the legal text, nonexempt employees will accrue one hour of paid medical leave for every 35 hours worked up to 40 hours per year. The accrual begins as of December 14, 2018. An employer that provides at least 40 hours of paid leave to eligible employees each benefit year is presumed to be in compliance, with PTO, vacation, or paid personal days provided under an employer’s current policies included in that definition. Employers may also comply by providing eligible employees with 40 hours of paid leave at the start of the benefit year. Leave must be used in one hour increments unless an employment policy provides otherwise.

The full text of the laws are available here:

https://www.legislature.mi.gov/documents/2017-2018/billenrolled/Senate/pdf/2018-SNB-1171.pdf

https://www.legislature.mi.gov/documents/2017-2018/billenrolled/Senate/pdf/2018-SNB-1175.pdf

Employers are encouraged to consult knowledgeable counsel concerning decisions with respect to compliance under the new laws.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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