Category Archives: Michigan

NEW GUIDANCE: FAQs Regarding Michigan’s Paid Medical Leave Act Published

Paid sick leave is coming to Michigan (at least for employers who employ more than 50 employees) — thanks to the Michigan Paid Medical Leave Act. (For an overview of the Paid Medical Leave Act, please see “NEW LAW: Michigan Amends Earned Sick Time Act“)

In anticipation of this new law, LARA (Michigan’s Department of Licensing and Regulatory Affairs) recently published FAQs relating to the Paid Medical Leave Act and also released the new required poster, which covered employers must post in the workplace.

One of the most important questions answered in the FAQs is addressing when the new  Paid Medical Leave Act takes effect.  According to LARA, the new law will take effect on March 29, 2019. Continue reading NEW GUIDANCE: FAQs Regarding Michigan’s Paid Medical Leave Act Published

NEW LAW: Michigan Amends Earned Sick Time Act

Earlier this year, we reported that Michigan had passed a new paid sick leave law (see NEW LAW: Michigan’s New Earned Sick Time Law).  In this article, we cautioned employers that since the law that was initially passed was scheduled to be a ballot initiative (the Michigan Paid Sick Leave Initiative) in the November 2018 election, the Michigan legislature would likely amend the law (and in amending the law, would make substantial changes to the requirements).

Well, the Michigan legislature did not disappoint.  On December 14, 2018, Michigan Governor Rick Snyder signed Senate Bill 1175 (the Paid Medical Leave Act) into law.  This new law amends and greatly overhauls the Michigan paid sick and safe time law as follows: Continue reading NEW LAW: Michigan Amends Earned Sick Time Act

NEW LAW: Michigan Amends Improved Workforce Opportunity Act

Earlier this year, we reported that Michigan had passed a new paid sick leave law (NEW LAW: Michigan To Incrementally Increase Minimum Wage to $12.00 Per Hour).  In this article, we cautioned employers that since the law that was initially passed was scheduled to be a ballot initiative (the  Michigan Minimum wage Initiative) in the November 2018 election, the Michigan legislature would likely amend the law (and in amending the law, would make substantial changes to the minimum wage increase).

Well, the Michigan legislature did not disappoint.  On December 14, 2018, Michigan Governor Rick Snyder signed Senate Bill 1171 (the Improved Workforce Opportunity Act) into law.  This new law while it still increases Michigan’s minimum wage to over $12.00 per hour, it changes the planned increase in two important ways: Continue reading NEW LAW: Michigan Amends Improved Workforce Opportunity Act

NEW LAW: Michigan Legalizes Recreational Marijuana

On November 6, 2018, voters in Michigan passed Proposal 18-1 (the “Michigan Regulation and Taxation of Marihuana Act,” which legalized the recreational use* of marijuana for individuals 21 and over.  With the passage of this new law, which goes into effect 10 days after election results are officially certified, there are now 10 states** (and Washington DC) that have legalized recreational marijuana.

While the new law certainly brings new concerns into the Michigan workplace, as employers will undoubtedly be concerned about how to respond to an employee’s use of marijuana outside of work, the new law contains several provisions that are helpful to employers. Continue reading NEW LAW: Michigan Legalizes Recreational Marijuana

NEW LAW: Michigan To Incrementally Increase Minimum Wage to $12.00 Per Hour

The Michigan Legislature recently adopted the Improved Workforce Opportunity Wage Act. This law, which was scheduled to be a ballot initiative (the Michigan Minimum wage Initiative) in the November 2018 election, will incrementally increase Michigan’s minimum wage up to $12.00 per hour in accordance with the following schedule:

  • When the law takes effect (~April 1, 2019*): $10.00 per hour
  • January 1, 2020: $10.65 per hour
  • January 1, 2021: $11.35 per hour
  • January 1, 2022: $12.00 per hour

Beginning in October 2022, the state treasurer will calculate an adjusted minimum wage rate, which will increase based on the rate of inflation and take effect on January 1st of the next year.

The new law also phases out the tip credit provided to employers of tipped employees by January 1, 2024 in accordance with the following schedule:

  • When the law takes effect (~April 1, 2019*): 48% of minimum wage ($4.80 per hour)
  • January 1, 2020: 60% of minimum wage ($6.39 per hour)
  • January 1, 2021: 70% of minimum wage ($7.95 per hour)
  • January 1, 2022: 80% of minimum wage ($9.60 per hour)
  • January 1, 2023: 90% of minimum wage ($10.80 per hour)**
  • January 1, 2024: Tip credit is eliminated

Continue reading NEW LAW: Michigan To Incrementally Increase Minimum Wage to $12.00 Per Hour

NEW LAW: Michigan’s New Earned Sick Time Law

The Michigan Legislature recently adopted Michigan’s Earned Sick Time Act. This law, which was scheduled to be a ballot initiative (the Michigan Paid Sick Leave Initiative) in the November 2018 election, will require Michigan employers to provide 72 hours of sick leave per year to eligible employees. The new law will likely take effect on or about April 1, 2019*. Michigan employers should start preparations now to comply with this law as it will likely have a significant effect on their existing sick leave and PTO benefits plans.

Who is covered by Michigan’s Earned Sick Time Act?

All Michigan employers are covered by Michigan’s Earned Sick Time Act.  However, the size of the employer determines whether the sick leave provided is paid sick leave or unpaid sick leave.

All Michigan employers who employ 10 or more employees will be required to provide employees with paid sick leave.

All Michigan employers who employ 9 or fewer employees will be required to provide employees with both paid and unpaid sick leave. Continue reading NEW LAW: Michigan’s New Earned Sick Time Law

Michigan Invalidates Local Ban-the-Box Laws

On March 26, 2018, Michigan passed an amendment to its Local Government Labor Regulatory Limitation Act that prohibits local government bodies from adopting or enforcing any local policy, resolution, or ordinance regulating information an employer or potential employer may ask an applicant for employment verbally or in writing (so called salary history and ban-the-box laws).

This new amendment comes in response to municipalities such as Detroit and Kalamzoo passing ordinances that prohibit employers from making inquiries into applicants’ salary and criminal histories. Such local ordinances will no longer be enforceable once the law takes effect on June 24, 2018.

In spite of this pro-employer development, Michigan employers should continue to exercise caution in the information they request of job applicants.  Both state and federal law place extensive limitations on the questions employers may ask applicants during the hiring process, including prohibitions on inquiries relating to age, disability, height, weight, marital status, family status, gender, ethnicity, and the list goes on.

2018 MINIMUM WAGE CHECK-UP

With various cities and counties having enacted local minimum wages and 18 states (Alaska, Arizona, California, Colorado, Florida, Hawaii, Maine, Michigan, Minnesota, Montana, Missouri, New Jersey, New York*, Ohio, Rhode Island, South Dakota, Vermont, Washington) are increasing their own minimum wages on January 1st (December 31st for New York), employers should take time to verify that they are meeting the minimum wage requirements of their state/city/county.

The below chart sets forth the minimum wage effective January 1, 2018.

employer PAYS $1.50/hr towards medical benefits$11.91

Federal $7.25
State City/County  Amount?
Alabama  $7.25
Alaska*  $9.84
Arizona* — all cities/counties except …  $10.50
Flagstaff* $11.00
Arkansas  $8.50
California* — all cities/counties except …                                  small employer (25 or less) $10.50
large employer (26 or more) $11.00
Berkeley  $13.75
Cupertino* $13.50
El Cerrito*  $13.60
Emeryville                                           small employer (55 or less) $14.00
large employer (56 or more) $15.20
Los Altos* $13.50
Los Angeles                                         small employer (25 or less) $10.50
large employer (26 or more) $12.00
Malibu                                                  small employer (25 or less) $10.50
large employer (26 or more) $12.00
Milpitas* $12.00
Mountain View* $15.00
Oakland $12.86
Palo Alto* $13.50
Pasadena                                             small employer (25 or less) $10.50
large employer (26 or more) $12.00
Richmond*                                             employer does NOT pay $1.50/hr towards medical benefits $13.41
employer PAYS $1.50/hr towards medical benefits $11.91
Sacramento*                                      small employer (100 or less) $10.50
large employer (101 or more) $11.00
San Diego $11.50
San Francisco $14.00
San Jose* $13.50
San Leandro $13.00
San Mateo*                                                 For-profit organizations $13.50
Non-profit organizations $12.00
Santa Clara* $13.00
Santa Monica                                       small employer (25 or less) $10.50
large employer (26 or more) $12.00
Sunnyvale* $15.00
Los Angeles County                            small employer (25 or less)

unincorporated areas                            large employer (26 or more)

$10.50

$12.00

Colorado* $10.20
Connecticut $10.10
Delaware $8.25
Florida* $8.25
Georgia $7.25
Hawaii* $10.10
Idaho $7.25
Illinois — all cities/counties except … $8.25
Chicago $11.00
Cook County

(except for the Village of Barrington)

$10.00
Indiana $7.25
Iowa $7.25
Kansas $7.25
Kentucky $7.25
Louisiana $7.25
Maine* — all cities/counties except … $10.00
Portland $10.68
Maryland — all cities/counties except … $9.25
Montgomery County $11.50
Prince George’s County $11.50
Massachusetts $11.00
Michigan* $9.25
Minnesota* — all cities/counties except … “small employers” (employers with an annual sales volume of less than $500,000) $7.87
“large employers” (employers with an annual sales volume of $500,000+) $9.65
Minneapolis                                         large employer (101 or more) $10.00
Mississippi $7.25
Missouri $7.85
Montana* $8.30
Nebraska $9.00
Nevada $8.25
New Hampshire $7.25
New Jersey* $8.60
New Mexico — all cities/counties except … $7.50
Albuquerque*                                             employer provides benefits $7.95
employer does NOT provide benefits $8.95
Las Cruces* $9.45
Santa Fe $11.09
Bernalillo County*unincorporated areas                                             employer provides benefits $7.85
employer does NOT provide benefits $8.85
Santa Fe County unincorporated areas $11.09
New York**  “Upstate” employers (excluding fast food employees) $10.40
“Downstate” employers (excluding fast food employees) $11.00
“Small” NYC employers (excluding fast food employees $12.00
Fast food employees outside NYC $11.75
“Large” NYC employers (excluding fast food employees) $13.00
Fast food employees inside NYC $13.50
North Carolina $7.25
North Dakota $7.25
Ohio* $8.30
Oklahoma $7.25
Oregon — all cities/counties except … $10.25
Portland $11.25
Nonurban Counties 

(Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klmath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa Wheeler counties)

$10.00
Pennsylvania $7.25
Rhode Island* $10.10
South Carolina $7.25
South Dakota* $8.85
Tennessee $7.25
Texas $7.25
Utah $7.25
Vermont* $10.50
Virginia $7.25
Washington* — all cities/counties except … $11.50
City of SeaTac* (hospitality and transportation workers) $15.64
Seattle* $14.00
small employer who does not pay towards medical benefits

(500 or less)

small employer who does pay towards medical benefits

(500 or less)

$11.50
large employer who does not pay towards medical benefits

(501 or more)

$15.00
large employer who does pay towards medical benefits

(501 or more)

$15.45
Tacoma* $12.00
Washington DC $12.50
West Virginia $8.75
Wisconsin $7.25
Wyoming $7.25
 * = increase in minimum wage effective January 1, 2018

** = increase in minimum wage effective December 31, 2017

 

Caveat: Please be advised that this information is being provided as a courtesy and that ePlace Solutions, Inc. does not track local laws and ordinances and will not update this information with changes in local laws and ordinances.

 

 

IMPORTANT REMINDER for Michigan Employers Regarding Reasonable Accommodation

Did you know that Michigan’s Persons with Disabilities Civil Rights Act provides a statutory defense to an employee’s failure to accommodate claims, but ONLY IF you include key language in your Employee Handbook or a posted workplace notice.

Under the Michigan’s Persons with Disabilities Civil Rights Act (Section 210(18)):

A person with a disability may allege a violation against a person regarding a failure to accommodate under this article only if the person with a disability notifies the person in writing of the need for accommodation within 182 days after the date the person with a disability knew or reasonably should have known that an accommodation was needed.

However, for this defense to apply, an employer must “post notices or use other appropriate means to provide all employees and job applicants with notice” of these requirements.

One way that notice can be provided is by including the required language in your Employee Handbook.

In addition, the most recent version of Michigan’s Discrimination Law poster includes a note to employees and applicants with disabilities regarding the 182-day time limit and required writing.

Recommendation for Employers

The Michigan Department of Civil Rights website warns employers “a business that fails to provide adequate notice to its employees [of this legal provision] may waive the ability to use the time limit as a defense.”  To avoid such a waiver, it is recommended that all Michigan employers post the most recent version of Michigan’s Discrimination Law poster in their workplace and consider revising their Employee Handbooks to include notice of this provision.

Please be advised, in order to comply with the federal Americans with Disabilities Act, an employer is still required to engage in the interactive process with any employee who needs an accommodation, even if the employee did not comply with the required procedure.  Adding the recommended language to a policy and/or posting the most recent poster only provides a defense under Michigan’s Persons with Disabilities Civil Rights Act.

New Michigan Civil Rights Poster

The Michigan Department of Civil Rights has made substantial changes to the Michigan Civil Rights poster (i.e. the “Michigan Law Prohibits Discrimination poster”).

The major change in the new poster is the addition of new language addressing an accommodation of disabilities under the Michigan Persons with Disabilities Civil Rights Act (MPWDA).  Specifically, the poster now includes the following:

Persons with disabilities needing accommodation for employment must notify their employers in writing within 182 days.

This new language is based on the provision in the MPWDA relating to an employee’s need for accommodation.  Under the statute

A person with a disability may allege a violation against a person regarding a failure to accommodate under this article only if the person with a disability notifies the person in writing of the need for accommodation within 182 days after the date the person with a disability knew or reasonably should have known that an accommodation was needed.  MCL §37.1210(18)

According to the Michigan Department of Civil Rights, businesses are not required to include information about this accommodations-related time limit as part of this anti-discrimination posting. In other words, the posting of this updated notice is optional.

However, as a best practice, we recommend that Michigan employers post this updated notice in a conspicuous place in the workplace as soon as possible. The new Michigan Civil Rights poster is available in English, Spanish, and Arabic.

Finally, we further recommend that all Michigan  employers update their disability accommodation policy in their employee handbook to include language notifying employees of their need to inform their employer about a need for accommodation in writing within 182 days of when the employee knew or reasonably should have known that an accommodation is needed.