Client Alert - Changes to the State’s Paid Sick Leave and Minimum Wage Requirements

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A July 31, 2024 Michigan Supreme Court Decision, Mothering Justice v. Michigan Attorney General, Results in Significant Changes to the State’s Paid Sick Leave and Minimum Wage Requirements.

The Michigan Supreme Court recently issued a decision that reinstates the provisions of a 2018 ballot initiative concerning sick leave and the minimum wage, which differ significantly from current law.

These changes will go into effect on February 21, 2025 unless the Michigan Legislature acts to amend them. Some of the key changes are as follows:

  • All Michigan employers, except for the U.S. government, are covered.
  • All employees of a covered employer (including part-time employees), are covered.
  • Covered employers must accrue sick time for covered employees, at a rate of at least one hour of earned sick time for every 30 hours worked. Existing combined PTO banks would need to be converted to comply.
  • Employers with 10 or more employees, as defined by the ESTA, must allow employees to use up to 72 hours of paid earned sick time per year. Smaller employers must allow a combination of 40 hours paid and 32 hours unpaid leave.
  • The state minimum wage rate will be $10.00 plus the state treasurer’s inflation adjustment, which has yet to be calculated and released.
  • Future increases will be calculated annually based on inflation as specified in the IWOWA.
  • The existing “tip credit” provisions employers of tipped employees currently utilize to calculate whether they have been paid minimum wage will be phased out over a period of years and eliminated entirely by February 21, 2029.

How Schenk & Bruetsch Attorneys Can Assist Your Company

Schenk & Bruetsch is prepared to advise you with respect to this change in the law to ensure your company is compliant and can assist with revising your company’s handbook and on-boarding documents. Since the law could still change before the effective date, this issue should be monitored closely to achieve timely compliance when the new law takes effect. Contact Partners Matthew Schenk at Matthew.Schenk@SBDetroit.com or (313) 492-5949, or Lindsey Johnson at Lindsey.Johnson@SBDetroit.com for more information.

Schenk & Bruetsch PLC is a premier boutique business law firm. Learn more at www.SBDetroit.com

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