Michigan Prohibits Local Ordinances on Leave, Minimum Wage and More: Employment Law Manual Updated
Authors: XpertHR Editorial Team
Michigan recently passed a preemption law that prohibits local governments from adopting, enforcing or administering an ordinance, a local policy or a local resolution that:
- Requires employers to provide employees with paid or unpaid leave time;
- Establishes a minimum wage that is higher than the state minimum wage rate;
- Regulates the information an employer must request, require or exclude on employment applications;
- Requires employers to pay employees a wage or fringe benefit based on wage and fringe benefit rates prevailing in the locality;
- Regulates work stoppages, strikes or union-organizing activity;
- Regulates hours and scheduling that an employer is required to provide to employees;
- Requires employers or employees to participate in any educational apprenticeship or apprenticeship training program that is not required by state or federal law;
- Requires employers to provide any specific fringe benefit or any other benefit for which the employer would incur an expense; or
- Regulates or creates administrative or judicial remedies for wage, hour or benefit disputes.
An employer is defined as a private employer, but not a local governmental body or educational institution.
The law took effect immediately upon the governor's approval on June 30, 2015, and applies to ordinances, local policies and local resolutions adopted after December 31, 2014.
In light of this development, the following Michigan sections of the Employment Law Manual have been updated: