Category Archives: Michigan

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.

Employer Dos and Don’ts for Elections

In a previous article (Does Your State Require Voting Leave?), we broke down which states require employers to provide employees with time off to vote. In addition to these voting leave laws, many states have other laws in place that regulate what employers can, and more importantly, what an employer cannot do with respect to an election.

Below is a summary of the applicable laws for each state:

Alabama Employers may not:

·         Use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election and

·         Seek to examine an employee’s ballot.

Alaska Employer may not threaten to inflict damage, harm, or loss to induce an employee to vote or refrain from voting in an election.
Arizona Employers may not

·         Coerce employees to support (or not) a referendum or recall;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Arkansas Employers may not use threats or efforts to intimidate individuals with respect to whether and how they choose to vote.
California Employers may not

·         Prevent an employee from participating in politics;

·         Direct the political activities or affiliations of an employee; or

·         Threaten to discharge an employee for engaging or refusing to engage in certain political activity.

Colorado Employers may not

·         Threaten to discharge employees because of their political party affiliation;

·         Create or enforce a policy to prevent an employee from participating in politics; or

·         Discharge an employee for voting in an election or advocating for a particular candidate or political viewpoint while off duty.

Connecticut Employers may not discipline or discharge employees for exercising their First Amendment rights.
Delaware Employers may not coerce any employee with respect to his political activity.
Florida Employers may not

·         Discharge or threaten to discharge employees for how they voted in an election.

·         Use coercion to get an employee to register to vote or support a certain candidate.

Georgia Employers may not

·         Coerce employees to support (or not) a recall;

·         Use threats or efforts to intimidate individuals with respect to whether and how they choose to vote.

Hawaii Employers may not use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election.
Idaho Employers may not use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election.
Illinois Employers may not

·         Use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election

·         Keep records relating to employees’ off-duty political activities, unless the employee gives authorization and/or provides those records to the employer

·         Punish an employee for his off-duty use of “lawful products” (which could include comments made on social media).

Indiana Employers may not

·         Coerce employees to support (or not) a referendum or recall;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Attempt to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Iowa Employers may not use coercion to get an employee to register to vote, to support a certain candidate, or to sign a petition.
Kansas Employers may not coerce any employee with respect to his political activity.
Kentucky Employers may not

·         Use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election

·         Distribute any materials stating that employees are expected to vote for a particular candidate; or

·         Attempt to induce employees to vote a certain way in a state election.

Louisiana Employers may not

·         Threaten to discharge employees or otherwise intimidate employees because of their political party affiliation;

·         Allow an employee’s political contributions to affect his employment (including compensation)

Employers with 20+ employees may not

·         Prevent employees from participating in politics;

·         Control employees’ political activities or affiliations; or

·         Threaten to discharge employees if they support certain political parties or activities

 

Maine No laws relating to politics in the workplace
Maryland Employers may not

·         Influence employees’ voting activity through intimidation or bribery;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace

Massachusetts Employers may not coerce any employee with respect to his political activity.
Michigan Employers may not

·         Use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election

·         Keep records relating to employees’ off-duty political activities, unless the employee gives authorization and/or provides those records to the employer or the records pertain to activities that took place at work

Minnesota Employers may not coerce any employee with respect to his political activity.
Mississippi Employers may not interfere with the political rights of employees.
Missouri Employers may not

·         Coerce any employee with respect to his or her political activity or

·         Prevent employees from engaging in political activities.

Montana Employers may not coerce any employee with respect to his political activity.
Nebraska Employers may not

·         Coerce any employee with respect to his political activity or

·         Close the business as a result of election results.

Nevada Employers may not

·         Prohibit employees from engaging in politics or serving in public office

·         Punish an employee for his off-duty use of “lawful products” (which could include comments made on social media).

New Hampshire Employers may not coerce any employee with respect to his political activity.
New Jersey Employers may not

·         Coerce any employee with respect to his political activity;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees;

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace; or

·         Require employees to attend employer-sponsored political meetings.

New Mexico Employers may not coerce any employee with respect to his political activity.
New York Employers may not punish an employee for his off-duty political activities.
North Carolina Employers may not

·         Coerce any employee with respect to his political activity;

·         Punish an employee for his off-duty use of “lawful products” (which could include comments made on social media).

North Dakota Employers may not punish an employee for his off-duty political activities.
Ohio Employers may not

·         Coerce any employee with respect to his political activity; or

·         Attempt to influence an employee’s political beliefs.

Oklahoma Employers may not coerce any employee with respect to his political activity.
Oregon Employers may not coerce any employee with respect to his political activity.
Pennsylvania Employers may not

·         Coerce any employee with respect to his political activity;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Rhode Island Employers may not

·         Coerce any employee with respect to his political activity;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

South Carolina Employers may not coerce any employee with respect to his political activity.
South Dakota Employers may not

·         Coerce any employee with respect to his political activity;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Tennessee Employers may not

·         Coerce any employee with respect to his political activity;

·         Distribute materials intended to coerce employees to vote in a certain way

Texas Employers may not coerce any employee with respect to his political activity.
Utah Employers may not

·         Coerce any employee with respect to his political activity;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Vermont Employers may not coerce any employee with respect to his political activity.
Virginia Employers may not

·         Require employees to donate money to political action committees as a condition of employment; or

·         Coerce any employee with respect to his political activity.

Washington Employers may not

·         Interfere with an employee’s efforts to support or oppose a political effort

·         Use payroll contributions or salary increases for the purposes of funding political activities; or

·         Coerce any employee with respect to his political activity.

Washington DC Employers may not coerce any employee with respect to his political activity.
West Virginia Employers may not

·         Require employees to donate money to political action committees as a condition of employment; or

·         Influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Wisconsin Employers may not

·         Coerce any employee with respect to his political activity; or

·         Influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Wyoming Employers may not coerce any employee with respect to his political activity.

 

Does Your State Require Voting Leave?

With the 2016 Election under three weeks away (Tuesday, November 8, 2016), employers should anticipate that employees will request time off to vote. Depending on the state, an employer may be required to provide voting leave to an employee.

The below table shows which states provide voting leave and which states do not.

No Voting Leave Provided Unpaid Voting Leave Paid Voting Leave
·         Connecticut ·         Alabama ·         Alaska
·         Delaware ·         Arkansas ·         Arizona
·         Florida ·         Georgia ·         California
·         Idaho ·         Kentucky ·         Colorado
·         Indiana ·         Massachusetts ·         Hawaii
·         Louisiana ·         Mississippi ·         Illinois
·         Maine ·         New Mexico ·         Iowa
·         Michigan ·         North Dakota ·         Kansas
·         Montana ·         Ohio ·         Maryland
·         New Hampshire ·         Wisconsin ·         Minnesota
·         New Jersey   ·         Missouri
·         North Carolina   ·         Nebraska
·         Oregon   ·         Nevada
·         Pennsylvania   ·         New York
·         Rhode Island   ·         Oklahoma
·         South Carolina   ·         South Dakota
·         Vermont   ·         Tennessee
·         Virginia   ·         Texas
·         Washington   ·         Utah
·         Washington DC   ·         West Virginia
    ·         Wyoming

In states where voting leave is required, state law dictates the conditions under which voting leave must be provided, if at all. The laws also set forth the amount of time that an employee must receive for this type of leave. As demonstrated above, depending on the state, the leave may be paid or unpaid.

It is recommended that all employers check the voting leave laws in their states prior to election day and provide training to managerial employees on compliance with this law.

State Minimum Wage Increases for 2017

2017 is just around the corner and, as you are busy ringing in the New Year, the minimum wage in several states will be increasing.  Is minimum wage increasing in your state?

The below table lists the states who have announced a minimum wage increase for 2017:

Minimum Wage as of November 18, 2016 Scheduled Increase for January 1, 2017
(Dec. 31, 2016 in New York)
Arizona $8.05 1/1/17 increases to $10.00
$5.05 for tipped employees increases to $7.00 for tipped employees
Arkansas $8.00 1/1/2017 – increases to $8.50
$2.63 for tipped employees minimum wage for tipped employees remains $2.63
California* $10.00 1/1/2017 – increases to
~ $10.50 (for employers with 26 or more employees)
~ Remains at $10.00 for employers with 25 or fewer employees
Colorado $8.31 1/1/17 increases to $9.30
$5.29 for tipped employees increases to $6.28 for tipped employees
Connecticut $9.60 1/1/2017 – increases to $10.10
$6.07 for restaurant and hotel employees who regularly receive tips increases to $6.38 for restaurant and hotel employees who regularly receive tips
$7.82 for bartenders who regularly receive tips increases to $8.32 for bartenders who regularly receive tips
Florida $8.05 1/1/17 increases to $8.10
$5.03 for tipped employees increases to $5.08 for tipped employees
Hawaii $8.50 1/1/2017 – increases to $9.25
$7.75 for tipped employees increases to $8.50 for tipped employees
Maine* $7.50 1/1/2017 – increases to $9.00
$3.75 for tipped employees increases to $5.00 for tipped employees
Massachusetts $10.00 1/1/2017 – increases to $11.00
$3.35 for tipped employees increases to $3.75 for tipped employees
Michigan $8.50 for employers with 2 or more employees 1/1/2017 – increases to $8.90
$3.23 for tipped employees increases to $3.38 for tipped employees
Montana $8.05 for employers with gross annual sales over $100,000.00 1/1/2017 – increases to $8.15 for employers with gross annual sales over $100,000.00
$4.00 for employers with gross annual sales of $100,000.00 or less minimum wage for employers with gross annual sales of $100,000.00 or less remains $4.00
New Jersey $8.38 1/1/2017 – increases to $8.44
$2.13 for tipped employees increases to $2.13 for tipped employees
New York $9.00 for all employees but fast food employees 12/31/2016 – increases to
$7.50 for all tipped employees ~ $9.70 for “Upstate” employers (excluding fast food employees)
$9.75 for fast food employees only Minimum wage for tipped employees remains $7.50
~ $10.00 for “Downstate” employers (excluding fast food employees)
Minimum wage for tipped employees remains $7.50
~ $10.50 for “small” NYC employers (excluding fast food employees)
Minimum wage for tipped employees remains $7.50
~ $10.75 for fast food employees outside NYC
~ $11.00 for “large” NYC employers (excluding fast food employees)
Minimum wage for tipped employees remains $7.50
~ $12.00 for fast food employees inside NYC
Ohio $8.10 for employers with more than $297,000 in gross annual revenue 1/1/2017 – increases to $8.15 for employers with more than $299,000 in gross annual revenue
$4.05 for tipped employees increases to $4.08 for tipped employees
$7.25 for employers with less than $297,000 in gross annual revenue Remains at $7.25 for employers with less than $299,000 in gross annual revenue
Rhode Island $9.60 1/1/2017 – minimum wage remains $9.60
$3.39 for tipped employees increases to $3.89 for tipped employees
South Dakota $8.55 1/1/2017 – increases to $8.65
$4.275 for tipped employees increases to $4.325 for tipped employees
Vermont $9.60 for employers with 2 or more employees 1/1/2017 – increases to $10.00
$4.80 for tipped employees minimum wage for tipped employees remains $4.80
Washington* $9.47 1/1/2017 – increases to $11.00

* Please be advised that there are cities and/or counties in this state that have passed a local minimum wage rate that is higher than the state minimum wage. Please contact an HR Professional to determine if the cities/counties in which you operate have passed a local minimum wage.

In addition to the above-listed states, the following states may adjust their minimum wage for 2017 to reflect changes in the Consumer Price Index:

  • Alaska — will increase to $9.80 on January 1, 2017
  • Missouri
  • Nevada
  • Washington DC

As these states announce whether their minimum wages will increase in 2017, we will let you know.

What can employers do?

If minimum wage is increasing in your state, employers need to take steps to ensure that all employees are paid at least minimum wage (at the new rate) before the increase is effective.