Michigan Labor Laws About Breaks
Michigan labor laws on breaks do not require employers to provide breaks. However, federal law may also apply in certain circumstances, such as when the employer is a federal contractor or when the employee is a truck driver.
If an employer does provide breaks, Michigan labor laws do not require breaks to be paid. That means the employer can require which tasks must occur during working breaks, when breaks can be taken and how long they can last, as long as the workers are considered "free from work" while on break and return to work reasonably quickly after the break is over . 34 Mich. Comp. Laws § 1453 and Fair Labor Standards Act § 3 (m).
Further, Michigan labor laws state that employees are free to engage in what they like during work breaks. The employer cannot monitor their actions during the break or coerce them into going back to work too quickly.
While it is not required, Michigan labor laws do recommend breaks at certain times. For instance, here are some suggested breaks under Michigan law:
The statutes below govern breaks for Michigan employees.
Breaks are Mandatory—What the Law Says
Generally speaking, Michigan law does not require that an employer provide breaks or rest periods to its employees. However, if an employer does provide rest or break periods for its employees, the employer must count the time workers spend on these breaks or rest periods toward hours worked. This means that, unless an exception applies, an employer must pay its employees for all breaks and rest periods it provides.
Breaks of More Than 20 Minutes
Under Michigan’s Wage and Hour Act, the law does require that a private employer with more than three employees allow a paid 30 minute lunch break to each minor employed by the employer. In addition, under the state’s Minor Wage Law, when an employee is covered under the law, the employer must pay for the first half hour of a meal period. In other words, in accordance with the law, a minor does not need to clock out if this initial thirty minutes or first "break" is actually used to eat.
In addition, state law requires a fifteen (15) minute paid break in the morning and a fifteen (15) minute break in the afternoon for all miners employed under the Child Labor Law where minors are employed in the following:
One additional brief note: the law does not require that employers provide a paid break period to pregnant miners regardless of the number of employees an employer may have.
However, to be straightforward, the federal Fair Labor Standards Act (FLSA) does not require employers to provide either paid or unpaid breaks or rest periods to employees (note that this law applies to casual non-business employees – parents or guardians accompanying children on picnics, etc.). Thus, under the FLSA, an employer is free to adopt break and rest period policies for employees as it fits.
Though, as noted above, if an employer chooses to provide rest and/or break periods, the law requires that the employer compensate the employee for the time the employee’s "work is interrupted for the purpose of eating or resting for short periods." For example, if an employee takes a thirty-minute rest period working for an employer who does not pay for the time, but otherwise requires that the employee stay on the job during the time, then the law considers this to be work time and the employer must pay the employee for the thirty minutes.
Breaks: Federal Law vs. Michigan Law
Federal law does not require breaks for adult employees. Certain states, however, require employers to provide workers with breaks of various lengths. In Michigan, employers must provide employees with rest and meal breaks.
The Fair Labor Standards Act (FLSA) requires breaks of at least 15-minutes for all minors under 18-years-old who work at least 5 consecutives hours. The break must be paid. Breaks for the purchase of food do not count against the 5-hour time requirement. Adult workers in Michigan do not need to be provided any breaks.
If an employer does provide employees with rest and meal breaks, certain regulations must be adhered to. First, any meal or rest break that lasts less than 20-minutes must be paid. If the break lasts 20-minutes or more, it can be unpaid. However, as previously mentioned, FLSA requires that 15-minute breaks for minors must be paid.
Generally, meal breaks must be at least 30-minutes long. Additionally, employees must be relieved during the meal break. If not, the time is considered paid work time.
In Michigan, meal breaks must be given to workers that are allowed to leave the premises where their work duties are performed. If workers are not permitted to leave the premises, the meal breaks may be unpaid and do not have to be at least 30-minutes in length.
Rest and meal breaks are very important for employees. If employees do not receive pertinent breaks, they may become fatigued. Workers that deal with exhaustion can make costly and detrimental mistakes.
Usual Practices for Breaks at Michigan Companies
As discussed previously, aside from certain hourly workers, employers in Michigan are generally under no obligation to provide workers with rest or meal breaks. However, even if breaks aren’t legally required, many employers provide them as a matter of practice and some do so in order to conform to workplace norms or union negotiated policies.
Therefore, while all Michigan employees should be aware that they have no legal right to any break at work, they should also know that it is very common – particularly among hourly workers – for employers to provide some sort of break each day, regardless of whether they are legally required to do so.
More specifically, many employers appear to offer rest or meal breaks among the following lines:
Of course, there are many different ways for an employer to structure rest and meal breaks (or any form of break for that matter), and the above represents only the most common practices in Michigan. However, this can give you a general idea as to how breaks are typically handled from a practical standpoint.
What Happens When Companies Don’t Comply
When employees are not providing mandatory meal breaks under Michigan law, the employee may file a complaint with the Michigan Department of Labor & Economic Opportunity, Wage & Hour Division. After a review of the complaint, Wage & Hour may conduct an investigation. If Wage & Hour finds it probable that the employer committed a violation of the meal and rest break laws, the matter will be transferred to the legal department for prosecution .
If prosecution is pursued, an employer found to be in violation of the break laws may be subject to a fine of $1,000 per violation, or imprisonment of the employer for 90 days. Because an employee must tell the employer about the break requirement, it is not uncommon for the employee to ask the employer for the break. It is important for all managers and supervisors to have training and take all requests for breaks seriously, and follow through with mandatory break requirements. Failure to do so can result in the business being on the receiving end of a wage and hour claim.
What Employees Have the Right to Do If Breaks Are Violated
For each shift they work, employees have two break rights. For most employers across Michigan, the primary work break is 30 minutes at the beginning of a shift or during a shift in excess of six hours. This work break must be provided whenever employees work longer than 6 hours without a meal. It is not in the employer’s discretion. And the time must be paid if the employee must remain on duty, a requirement that becomes more common with the advent of practice that curtails the use of walk-off breaks.
In certain types of employment, a 15-minute rest period is also required every 3 hours. This requirement applies to all employment except -•1) Work involving health care, •2) Retail and service businesses, or •3) Work where sleeping facilities are provided and sleeping facilities are the only place for employees to eat.
If a number of employees have had their break rights violated, it is best to handle the problem in the same way as if the break or meal laws had been violated. In other words, employees should make management aware of the problem. If a simple phone call or email does not resolve the situation, employee(s) can file a complaint with Michigan Department of Labor and Economic Growth (MDLEG), Wage and Hour Division. Enforcement efforts by Wage and Hour can include penaltites assessed against employers, back pay to employees; and/or liquidated damages, even for unpaid breaks. Employees need only prove they were owed unpaid wages and the statute of limitations for employer violations of break or meal laws is 3 years.
Managing Breaks: Tips for Employers
Employers should be proactive to balance the demands of work with the needs of rest and relaxation for their employees. Proactive employers can avoid potential disputes and difficulty by putting a few simple practices into place when handling when and how long employee breaks are.
Here are some practical tips to assist employers in balancing the legal requirements with the needs of their workforce:
- Communicate expectations regarding breaks: Employers should clearly communicate to all employees what is expected of employees with respect to breaks. Create a break policy and have all employees sign a document indicating that they have read the policy. Take steps to encourage compliance with the policy; this will help protect the employer from unexpected disputes.
- Allow for flexibility: Labor law compliance does not have to come at the expense of the needs of the business. For the most part, employers are free to do as they wish with regard to the policy or practice by which an employee receives a rest or meal period. The only requirement is that any such policy or practice must be enforced even-handedly among all employees. If an employer wishes to deviate from its policy, the reason for the deviation should be documented.
- Ensure breaks are uninterrupted: Working during a lunch hour is generally regarded as the same as a missed meal . Although Michigan does not have any specific laws regarding bag lunches or lunch boxes, employers should carefully review claims for payment of wages for time spent away from the work station eating outside food to determine whether the time was actually spent "working" within the meaning of the law.
- Do not forget people who work from home: Many employers allow employees to work from home. Even when employees are not working at the office or on company premises, employers should not assume that any time spent working is compensable. Discussions and meetings with other employees that occur over lunch and conferences that are not mandatory are not compensable hours worked.
- Know when to "reward" employees with comp time: Allowing employees to leave early or stay late to make up time missed due to doctor’s appointment or other scheduled commitment does not give rise to a claim for unpaid wages or overtime so long as the employee receives an equal amount of compensatory time off (or reduction of hours worked). However, if an employee misses time at the end of the workweek or on Monday to accommodate personal matters, then the compensatory time arrangement must be implemented in order to avoid an FLSA claim for unpaid wages/overtime.