Employer Liability: Michigan
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Clifford L. Hammond and Patricia Nemeth, Nemeth Burwell, PC
- Michigan's Public Employment Relations Act (PERA) generally prohibits public employers from engaging in certain specified unfair labor practices. See Employer Unfair Labor Practices and Penalties.
- Michigan's Labor Relations and Mediation Act (LMA) generally prohibits private employers, that do not fall within the jurisdiction of the National Labor Relations Act, from engaging in certain unfair labor practices. See Employer Unfair Labor Practices and Penalties.
- Under both the LMA or PERA, if an unfair labor practice is found, employers may be subject to penalties, including injunctive relief, reporting requirements, and other remedies deemed appropriate under those Acts. See Employer Unfair Labor Practices and Penalties.
- Employers in Michigan may not engage in lockouts unless proper notice procedures are followed. See Employer Lockouts-Private Employers.
- In Michigan, employers involved in a strike or lockout are prohibited from knowingly employing strikebreakers or from hiring workers from out of the state to replace striking or locked out workers for purposes of strike-breaking. See Illegal Strikebreaking.
- Michigan's Whistleblowers' Protection Act prohibits employers from discriminating against employees who report or are about to report a violation or suspected violation of the law or who participate in a public investigation or hearing. See Michigan's Whistleblowers' Protection Act.