(650) 332-8623Michigan Break Laws: Meals, Rests, and More (2025)
In this guide, you’ll learn about Michigan’s meal and rest break laws, who they apply to, and how to stay compliant in 2025.
Understanding Michigan Break Laws
Meal Breaks
Laws in Michigan Governing Meal Breaks
Michigan labor law does not require employers to provide meal breaks for adult employees (18 years and older). Meal breaks are discretionary, meaning employers may choose to offer them, but they are not legally obligated to do so. If a meal break is provided, employers must follow Fair Labor Standards Act (FLSA) guidelines:
- Meal periods of 30 minutes or longer can be unpaid, but only if the employee is fully relieved of duties during that time.
- If the employee remains on duty (e.g., answering phones, assisting customers), the break must be considered paid work time.
Rest Breaks
Laws in Michigan Governing Rest Breaks
Michigan law does not require employers to provide rest breaks for adult employees. However, many employers voluntarily offer them as part of workplace policies, especially in physically demanding industries.
If an employer chooses to offer rest breaks, they must follow federal guidelines:
- Short rest breaks (5–20 minutes) must be paid and counted as part of the workday.
- Longer breaks (typically 30 minutes or more) can be unpaid only if the employee is fully relieved of duties.
What's the Difference?
Meal Breaks vs. Rest Breaks in Michigan
The key differences between meal breaks and rest breaks in Michigan relate to their duration and whether they are paid:
- Meal Breaks: Employers are not required to provide meal breaks for adult employees. If a meal period is offered, it must be 30 minutes or longer and can be unpaid only if the employee is relieved of duties during that time. Otherwise, it must be paid.
- Rest Breaks: Usually 5–20 minutes long, rest breaks are not legally required for adults but must be paid if provided.
- Minors’ Exception: Workers under 18 years old must receive a 30-minute unpaid break if they work over 5 consecutive hours.
Exemptions
What Type of Workers are Exempt from Michigan's Break Laws?
In Michigan, meal and rest breaks are not legally required for most adult employees. However, certain groups have special exemptions and regulations:
1. Adult Employees
- Breaks are not mandatory for adult workers (18 and older) under Michigan law.
- Employers may provide breaks at their discretion, but if breaks are given, they must comply with federal wage laws.
3. Employees Under Collective Bargaining Agreements
- Workers covered by union contracts may have negotiated meal and rest break provisions.
- These agreements may provide stronger break protections than state law.
4. Independent Contractors
- Independent contractors are not considered employees under Michigan labor laws.
- They are not entitled to the same meal and rest break rights as employees.
Differences Between Michigan and Federal Break Laws
Both federal labor laws and Michigan labor laws do not require rest breaks for adult employees. However, they do specify that “bona fide” meal breaks are not considered working time and do not need to be paid if the employee is completely relieved of all duties during that break.
The U.S. Department of Labor provides two key statutes governing meals and breaks nationwide:
- Rest Breaks: 29 CFR 785.18
- Meal Breaks: 29 CFR 785.19
Understanding California’s break laws can help you remain compliant, as these laws will typically be more stringent and specify harsher penalties than U.S. labor laws.
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Other Types of Breaks for Workers in Michigan
For minor employees (under 18), Michigan law requires a 30-minute uninterrupted meal break if they work more than 5 consecutive hours.
This rule is part of the Michigan Youth Employment Standards Act (YESA) and applies to all minor workers.
- The break must be documented by the employer to ensure compliance.
- Unlike adult employees, minors cannot waive this break, and employers must strictly adhere to the law.
Michigan does not have a specific state law requiring extra breaks for pregnant workers. However, federal law (Pregnant Workers Fairness Act – PWFA) protects pregnant employees by requiring:
- Reasonable break time for pregnancy-related needs (e.g., resting, drinking water, using the restroom).
- Accommodations that may include additional rest breaks if medically necessary.
- Employers must engage in an interactive process with pregnant employees to provide needed accommodations unless it causes undue hardship to the business.
Under federal law (PUMP for Nursing Mothers Act), employers must provide reasonable break time and a private space (not a bathroom) for breastfeeding employees to express milk.
- The space must be shielded from view and free from intrusion.
- These breaks are typically unpaid, unless they overlap with existing paid breaks.
- Employers with fewer than 50 employees may be exempt from this requirement if they can prove it causes undue hardship.
Recordkeeping Requirements for Breaks in Michigan
Michigan employers must keep accurate records of work hours, including meal breaks for minors and nursing mother breaks, to comply with state and federal laws. Records must be retained for three years to ensure compliance and avoid penalties.
Key requirements:
- Minors: Document 30-minute meal breaks if working 5+ hours.
- Nursing Mothers: Track breaks for pumping as required by law.
- General Compliance: Maintain records to prevent disputes.
MI Penalties for Meal and Break Violations
$500 per ViolationMissed Breaks for Minors
Employers who fail to provide a required 30-minute meal break for minors (under 18) working more than 5 consecutive hours can be fined up to $500 per violation. Each missed break may be counted separately, increasing the total fines.
Up to $1,000 & Jail TimeCriminal Penalties for Repeated Violations
Employers who knowingly and repeatedly violate Michigan’s minor break laws may face criminal charges. This could include up to 6 months in jail and fines of up to $1,000 for a misdemeanor offense.
$100 per DayLactation Break Violations
Failure to provide break time and a private space (not a bathroom) for nursing mothers under the PUMP for Nursing Mothers Act can result in fines of $100 per day for each day the employee is denied breaks. These violations can also lead to lawsuits and liquidated damages under federal law.
Back Pay & FinesWage Violations for Unpaid Breaks
Failure to pay for short rest breaks (5–20 minutes) or requiring work during unpaid meal breaks can result in:
- Back wages owed to employees
- Liquidated damages (double the unpaid wages)
- Additional fines for repeat or willful violations
Misconceptions About Meals and Breaks in MI
Some believe that all workers in Michigan must receive meal or rest breaks during their shifts.
PROVIDE THE TRUTH ABOUT THE MISCONCEPTION ABOVE.
Many employees think that if they take an unpaid lunch, their employer can require them to answer calls or perform small tasks.
Under federal law, unpaid meal breaks must be completely duty-free in order to remain unpaid. If an employee is required to work during their meal break, even briefly, the employer must compensate them for the entire break period. Michigan follows this federal rule, so employers must ensure workers are truly relieved of duties.
Some assume that Michigan employers are not required to provide break time for breastfeeding employees.
While Michigan does not have a state-specific law, the federal PUMP for Nursing Mothers Act applies. Employers must provide reasonable break time and a private space (not a bathroom) for breastfeeding employees to pump milk. These breaks are generally unpaid, unless they overlap with an already paid break period. Employers with fewer than 50 employees may be exempt only if they can prove compliance creates an undue hardship.
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Employees: Know Your Rights to Meals and Breaks in Michigan
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Minors working 5+ hours must get a 30-minute unpaid meal break.
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Nursing mothers must get break time and a private space (not a bathroom) to pump.
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If you work during an unpaid meal break, you must be paid.
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Rest breaks (5–20 min) must be paid if provided.
Employer Obligations for Meals and Breaks in MI
Employers in Michigan must provide a 30-minute unpaid meal break to minors who work more than 5 consecutive hours. While no state law requires breaks for adult employees, if an employer chooses to offer breaks, they must follow federal guidelines. Short rest breaks (5–20 minutes) must be paid, and meal breaks must be unpaid only if the employee is fully relieved of duty. Employers must also provide reasonable break time and a private space (not a bathroom) for breastfeeding employees to express milk, as required by federal law.
Failure to comply can result in fines, back pay claims, and legal action. Employers should ensure compliance by properly scheduling breaks, maintaining records, and training management on labor laws.
Benefits to Employees
Compliance with meal and break laws supports employee health, satisfaction, and productivity. Key benefits include:
- Reduced Fatigue: Regular breaks improve focus, energy, and overall well-being.
- Job Satisfaction: Providing breaks shows respect for employees’ time and needs, fostering a positive work culture.
- Legal Protections: Employees are protected from wage theft, ensuring they are paid for all time worked.
- Support for Nursing Mothers: Breaks and a private lactation space promote work-life balance and inclusivity.
Benefits to Employers
Following Michigan’s break laws benefits businesses by enhancing productivity, retention, and compliance. Key advantages include:
- Increased Productivity: Well-rested employees are more focused and efficient.
- Lower Turnover: Providing breaks helps reduce burnout and absenteeism, leading to higher employee retention.
- Legal Compliance: Avoiding break law violations prevents costly fines and lawsuits.
- Better Workplace Reputation: Companies that follow labor laws are seen as ethical and employee-friendly, attracting top talent.
Explore other labor law articles:
- Maryland Labor Laws
- New York Labor Laws
- South Dakota Labor Laws
- Colorado Labor Laws
- Kansas Labor Laws
The Bottom Line on Michigan Meal and Break Laws
Michigan’s meal and break laws provide minimal state requirements, meaning employers have flexibility, but they must still follow federal labor laws. While adult employees are not entitled to meal or rest breaks, minors must receive a 30-minute meal break after working 5 hours, and nursing mothers must be given break time and a private space for pumping. Employers who choose to offer breaks must ensure compliance with federal wage laws, particularly when determining whether breaks should be paid or unpaid.
For employers, following break laws helps prevent legal risks, improves workplace morale, and boosts employee productivity. For employees, understanding their rights ensures fair treatment and compensation.
To stay compliant and avoid costly violations, Workyard’s compliance tools can help businesses navigate Michigan’s labor laws effortlessly.
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No, if an employer requires you to work through an unpaid meal break, that time must be paid. Under federal law, an unpaid meal break must be at least 30 minutes long, and the employee must be completely relieved of all duties. If you’re asked to answer calls, help customers, or perform any work-related tasks during a meal break, your employer is legally required to compensate you for that time under FLSA regulations.
Yes, while Michigan does not require rest or meal breaks for adult employees, federal OSHA regulations ensure that employees have reasonable access to restroom facilities. Employers cannot deny or unreasonably restrict bathroom use, as doing so may violate occupational safety and health standards. While there is no set number of required bathroom breaks, employers must allow access as needed to protect workers’ health and hygiene. Any short restroom breaks must be paid if they last under 20 minutes.
No, minors in Michigan cannot waive their required meal break. Under the Michigan Youth Employment Standards Act, workers under 18 years old must receive a 30-minute uninterrupted meal break if they work more than 5 consecutive hours. Employers must provide and document this break, ensuring compliance with child labor laws. Even if a minor wants to continue working, the employer must enforce the break requirement. Failing to provide this break can result in fines and legal penalties for the employer.
Yes, since Michigan law does not require rest breaks, employers can decide whether to allow them. However, if an employer provides short rest breaks (5–20 minutes), they must be paid under federal labor law. This means that while an employer is not obligated to give rest breaks, if they do, they cannot dock your pay for taking one. Many workplaces offer rest breaks as part of company policy, especially in physically demanding jobs. Check your workplace handbook for details.
No, break laws apply to both salaried (exempt) and hourly (non-exempt) employees in Michigan. If a salaried employee is considered non-exempt under the Fair Labor Standards Act (FLSA), they must be paid for any break shorter than 20 minutes and for any meal break where work is performed. Exempt salaried employees, however, are typically not covered by overtime and break time protections. Employers must ensure that all employees, regardless of salary type, follow federal break and wage laws.
