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Michigan Overtime Pay Law

Filed under Office & HR.

Employers in Michigan must conform with these state rules regarding overtime pay for employees.

In Michigan, employees must receive compensation of at least one and one-half times the regular rate for any work done in any workweek in excess of 40 hours.

Employers with two or more employees are subject to the overtime pay provisions.

Exemptions From the General Overtime Provision

Employers subject to the minimum wage provisions of the federal Fair Labor Standards Act (FLSA) are exempt from the state overtime requirements, except where the application of the federal minimum wage provisions would result in a lower minimum wage than provided by Michigan law.

The following employees are exempt from the overtime pay standards:

  • employees exempt from the minimum wage requirements of the FLSA
  • employees exempt from the state minimum wage requirement
  • bona fide executive, administrative and professional employees
  • elected public officials and public appointees
  • employees of seasonal amusement or recreational establishments
  • agricultural workers
  • employees of a summer camp that does not operate for more than four months
  • child care providers who are under 18 years of age, who provide services on only an occasional basis and who provide services that do not regularly exceed 20 hours per week in the aggregate

Collective bargaining agreements. In lieu of monetary overtime compensation, an employee may receive 1 1/2 hours of compensatory time for every overtime hour worked, if provided under a collective bargaining agreement or some other written agreement between the employer and the employee's representative.

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