A Look at Michigan Labor Laws for Breaks
Michigan, like most states, is subject to the federal Fair Labor Standards Act (FLSA), which governs employers’ wage and hour rules in the workplace. The FLSA only governs "covered" employers and employees. A covered employer is one with revenues exceeding $500,000. Employee wages that vary depending on the time of day worked do not meet this $500,000 threshold and the employee’s earning potential is therefore not part of the calculation to determine if a particular employee is "covered." See 29 U.S.C.A. § 203(s)(1)(A).
As a rule, the FLSA does not require breaks. However, it does require employers to compensate employees for hours worked, including "break time" as follows:
Breaks of 5 to 20 minutes during the workday are counted as hours worked. Compensation for break times requires that the break be counted as hours worked, but no other conditions need to be met. In other words, while you don’t need to afford breaks, if you do afford them they must be paid.
Employers are not required to count as hours worked rest breaks of less than 20 minutes , meal periods, and "bona fide" meal periods of at least 30 minutes. 29 C.F.R. § 785.19(a). Employers can discriminate on the basis of sex, religion, race, etc. entitled to no protection under the FLSA. 29 C.F.R. § 785.19(b). The key question is whether the employee is completely relieved of all duties. 29 C.F.R. § 785.19(a). This means an employee must be completely off the clock and unburdened by any work obligations.
Unlike the FLSA, Michigan’s break laws are specific. The Michigan Payment of Wages and Fringe Benefits Act outlines the conditions under which an employee cannot be required to work more than five hours without a 30-minute unpaid meal period or 20-minute paid rest periods after each additional 3 hours of continued work in a workday. The MDL prohibits pay deductions for meal periods (also known as "Lunch") of one-half hour that the employee may voluntarily waive. Employees must be paid for missed rest periods. Employers must ensure that their employees receive breaks as entitled under the law; otherwise, they risk costly legal issues.
Break Laws in Michigan: What Employers Need to Know
When it comes to mandatory breaks, Michigan is similar to many other states. For example, there are no mandated periods of time for which a Michigan employer must provide a worker with a general break during their shift. Further, the only period of time for which Michigan law requires employers to give a worker a sit-down break is when that employee has worked for a shift of five continuous hours. Of course, at least one common exception to this is lunch or meal breaks. Michigan law does not require employers to provide employees with lunch or meal breaks. Nevertheless, if employers choose to do so, then, by law, they must afford employees who work for at least five hours a duty-free lunch break of at least thirty minutes. Another important type of break that may apply to your business and its employees are rest breaks. Rest breaks must be given to employees who work for a shift of more than three hours. The required length of these breaks is at least ten continuous minutes for every four hours that an employee works.
Exceptions to Required Breaks
While most employees in Michigan are entitled to, at minimum, a thirty-minute break after no more than five hours of work, there are some exceptions to the general rule. The most common exceptions apply to employees who are minors, as well as certain jobs and industries. Employees under the age of 18 are subject to different rules under state law. Specifically, minors are required to receive a 30-minute meal break after no more than six hours of work. Acting contrary to these requirements constitutes a misdemeanor on behalf of the employer. In addition to exercising more authority over when members of the workforce are granted breaks, the state of Michigan also regulates the number of breaks that employees in certain industries and job roles are allowed. For example, employees over the age of 18 who work in a factory or warehouse are entitled to thirty-minute breaks after six hours of work. Similarly, factory or warehouse employees between the ages of 16 and 18 are entitled to a 30-minute break after 5 hours of work. Employees who can be classified as caretakers or drivers must be afforded breaks of 15 minutes for every two hours worked; however, this rule does not apply to employees who are required to be on call at all times. Other exceptions to the general Michigan break rules apply to hospital, mercantile, and railroad workers.
Implications of Break Laws for Michigan Workers
Michigan break laws impact all workers in the state and provide both benefits and challenges for employees. Having a legal right to a short break may sound great in theory, but as with almost every employment issue, the practical and on-the-ground impact of Michigan break laws is somewhat different. For many employees, the conservative Michigan break laws mean that coffee breaks only happen when the boss or manager is out of the office, and a reliable lunch break is anything but. Some workers find that even when they are legally entitled to lunch or coffee breaks, employers have their own system of counting those breaks and adding them to the end of the workday or deducting them from what would be otherwise considered "work hours." In practice, even employees entitled to legally-mandated break periods often do not get them in reality.
When employees do get their legally-mandated breaks , they often enjoy real benefit from those breaks even when the time is not paid. Taking breaks when possible from work in a highly productive job can actually help workers to produce more efficiently and effectively. Employees who take short breaks from a high energy work environment often find that they feel less fatigued and frazzled, which is good for mental health and helps them to work harder over the long term. Furthermore, allowing workers time for a lunch break promotes socializing, which increases workplace satisfaction. Employees who feel good about their job are more likely to stay at the same position instead of job hopping every 6 months or so.
However, Michigan break laws can create challenges for employers. Even employers who put systems into place that track break periods may find that employees violate the system and are effectively taking unauthorized extra breaks or eating or drinking while working. This behavior has a negative impact on employee morale and productivity and may even mean that employees do not receive their full paychecks-costing employees who intend to comply with Michigan break law.
Just-in-time Compliance Tips for Michigan Employers
To satisfy the employee break requirements of the Michigan Hours and Earnings Act, Michigan employers should do the following:
Train supervisors and managers. Inform them that there are no exceptions to the meal or rest period requirements, even if the employee was not successful in performing the work in time to take the break.
Communicate with employees. Explain the reasons for the breaks per the law and that these breaks are mandatory. Welcome suggestions from employees, but inform them that the organization must adhere to Michigan law.
Give employees choices. For example, give employees a choice as to whether they want to receive their meal period before or after the shift. Let them decide when they would best be served by a break.
Give nonexempt employees the opportunity to take their breaks. Employees may not waive their right to a meal break or rest break, so it is important that an employer clearly designate when and how employees can take their breaks.
Michigan Break Law Q&A
Do Michigan break laws differ from federal law?
Yes, in most cases, they do. For example, federally speaking, employers are not required to provide employees with breaks, with the exception of nursing mothers under the Affordable Care Act. Under federal law, when breaks are given, they are generally considered "hours worked" and employers must pay employees for them.
Contrary to federal law, many Michigan break laws give employees the right to breaks. In most instances, such breaks are unpaid. Below is an overview of Michigan break laws:
When must an employee take a rest period or meal period in Michigan?
Under Michigan law, some employees have rights to a meal period or rest period . The general rule is:
Who is exempt from Michigan’s break laws?
The following individuals are exempt from Michigan’s break laws:
What restrictions do Michigan law impose on break periods?
Under Michigan’s break laws, several restrictions apply. Employment agreements and company policies are tough to the extent that they attempt to waive or override these restrictions.
Are employees in Michigan entitled to paid breaks?
There is no Michigan break law requiring that breaks be paid. However, some employees have the benefit of being paid for breaks.