In Michigan, employees must receive compensation at not less than one and one-half times the regular rate for any work done in any workweek in excess of 40 hours. Special overtime rules apply to public law enforcement personnel, fire fighters and employees of public hospitals or nursing homes. Exempt from overtime pay standards are: (1) bona fide executive, administrative and professional employees; (2) elected public officials and public appointees; (3) employees of seasonal amusement or recreational establishments; (4) agricultural workers; and (5) persons exempt from state minimum wage standards.
In lieu of monetary overtime compensation, an employee may receive 1 1/2 hours of compensatory time for every overtime hour worked, if provided under a collective bargaining agreement or some other written agreement between the employer and the employee's representative.
Effective October 1, 2006, Michigan law is clarified to provide that employers currently subject to the minimum wage provisions of the Federal Fair Labor Standards Act (FLSA) are exempt from the state overtime requirements. Employees exempt from the minimum wage requirements of the FLSA are also exempt from state minimum wage and overtime requirements.
Effective October 1, 2006, employees in certain domestic services providing companionship services (other than live-in domestics), and those who provide child care services (other than live-in domestics), unless the person is under the age of 18, provides services on a casual basis, and provides services that do not regularly exceed 20 hours per week, are subject to the state's minimum wage and overtime requirements. Any right to overtime compensation that existed prior to October 1, 2006, is not affected by the change.