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Michigan Exempt Employees: What you need to know

The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage and overtime requirements for virtually all enterprises involved in interstate commerce. FLSA applies in all states, but it permits states to enact laws that are more generous to employees and to regulate in the rare cases in which federal law does not apply. Where state law and federal law conflict, employers must follow the law that is more generous to the employee.
Michigan's overtime law is similar to the federal FLSA and covers employers not covered by the federal law. Employees must receive 11/2 times their regular pay rate for hours worked in excess of 40 in a workweek (MI Stat. Sec. 408.384a). As in the federal law, there is no requirement that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays (although union contracts often require overtime pay for such work).
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Michigan law exempts anyone employed in a bona fide executive, administrative, or professional capacity, earning a salary of at least $250 per week, from state overtime pay requirements (MI Stat. Sec. 408.384a; MI Admin. Code Rule 408.701).
In Michigan, an executive employee is defined as an employee:
• Whose primary duty is management; and
• Who supervises two or more employees.
In Michigan, an administrative employee is an employee whose primary duty is nonmanual work directly related to management policies or general business operations or the administration of an educational institution.
In Michigan, a professional employee is an employee whose primary duty is any of the following:
• Work in a field of science or learning that requires knowledge acquired by a ...

>> Read more about Exempt Employees

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State Requirements

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Michigan Exempt Employees Resources

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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