Employer of Record · Michigan

Employer of Record in Michigan.
Elliott-Larsen Covered. Auto Industry Ready.

Michigan is home to Detroit's automotive revival, Ann Arbor's tech scene, and Grand Rapids' manufacturing hub — and its employment laws reflect a state that takes worker protections seriously. The Elliott-Larsen Civil Rights Act applies from your very first hire, and its 2023 expansion to cover sexual orientation and gender identity caught many out-of-state employers off guard. WorkGenius becomes your legal employer and manages every Michigan obligation from day one.

$10.33/hr
Minimum wage (2024)
4.05%
Flat state income tax
1+ employee
ELCRA coverage threshold

Michigan by the Numbers

Minimum wage
$10.33/hr
Effective 2024; Michigan adjusts the minimum wage annually based on inflation
State income tax
4.05% flat
Michigan uses a flat income tax rate — reduced from 4.25% in 2023 due to state revenue triggers
Workers' compensation
Required (3+ employees)
Required for employers with 3+ employees, or 1+ employee working 35hrs/week for 13+ consecutive weeks
Paid Medical Leave Act
50+ employees
Employers with 50+ employees must provide paid sick leave — 1 hour per 35 hours worked, up to 40 hours/year
Final paycheck
Next payday
Due on the next regular payday following termination — no accelerated deadline in Michigan
Elliott-Larsen threshold
1+ employee
ELCRA applies to all Michigan employers regardless of size — broader than federal anti-discrimination law
The Defining Law

The Elliott-Larsen Civil Rights Act: Full Protections From Your First Hire

Michigan's Elliott-Larsen Civil Rights Act (ELCRA) is the state's foundational anti-discrimination statute — and it applies to every employer with at least one employee. That alone makes it significantly broader than federal Title VII, which requires 15 employees before it applies. But the law made national headlines in 2023 when the Michigan Supreme Court ruled, and the legislature confirmed, that ELCRA's prohibition on sex discrimination covers sexual orientation and gender identity. For out-of-state companies hiring their first Michigan employee, ELCRA's full protections — and full liability exposure — apply immediately.

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The ABC Test
  • ELCRA applies to all Michigan employers with 1 or more employees — no minimum headcount exemption
  • Prohibits discrimination in hiring, compensation, promotion, and termination based on race, sex, age, religion, national origin, height, weight, marital status, and disability
  • As of 2023, "sex" under ELCRA expressly covers sexual orientation and gender identity — confirmed by both the Michigan Supreme Court and the Michigan legislature
  • Employees can file administrative complaints with the Michigan Department of Civil Rights or bring direct civil suits
  • Remedies include back pay, front pay, compensatory damages, and attorney's fees
  • WorkGenius ensures all Michigan employment agreements, onboarding materials, and policies are ELCRA-compliant from day one
Michigan Coverage

What WorkGenius Handles for Michigan

Michigan's ELCRA coverage from employee one, PMLA accrual requirements, and workers' comp threshold create a compliance stack that requires active management.

Elliott-Larsen Civil Rights Act Compliance

WorkGenius structures all Michigan employment agreements, offer letters, and workplace policies to meet ELCRA's full requirements — including the 2023 sexual orientation and gender identity expansion. Our onboarding flow is ELCRA-compliant from the first Michigan hire.

Michigan Paid Medical Leave Act (PMLA)

For employers with 50 or more Michigan employees, WorkGenius tracks PMLA accrual at 1 hour per 35 hours worked, up to 40 hours per year. We administer usage requests and maintain the records required under the Act.

Workers' Compensation Coverage

Michigan requires workers' comp for employers with 3 or more employees — or just 1 employee who works 35+ hours per week for 13+ consecutive weeks. WorkGenius monitors headcount and hours thresholds and ensures coverage is in place before it's required.

Michigan Payment of Wages and Fringe Benefits Act

Michigan's wage payment law governs pay frequency, permissible deductions, and final paycheck timing. WorkGenius manages pay schedules, delivers final pay on the next regular payday following termination, and maintains all required wage statements.

Unemployment Insurance (SUTA)

Michigan unemployment insurance contributions calculated and remitted on every payroll cycle. New employer rate is 2.7% on the first $9,500 of each employee's wages. WorkGenius registers, files, and remits all contributions to the Unemployment Insurance Agency.

Benefits Administration & Termination

ACA-compliant health coverage, 401(k), and disability insurance enrolled and administered. Compliant offboarding includes final pay on the next regular payday, COBRA administration, PMLA balance settlement, and ELCRA-compliant separation documentation.

Michigan Compliance Dashboard
3 workers · All compliant
Live
Elliott-Larsen Compliance Check
Passed
ELCRA policy aligned — sexual orientation & gender identity covered
PMLA accrual tracking active (50+ employees)
Workers' comp enrollment confirmed (3-employee threshold)
This Week's Payroll
$10.33
Base/hr
$15.50
OT rate (1.5×)
Auto
Calculated
Weekly invoice sent
Every Friday · All-in rate
Sent
Technology-Powered

How WorkGenius Handles Michigan EOR

Most EOR providers treat Michigan like a generic Midwest state. WorkGenius handles Elliott-Larsen Civil Rights Act compliance from your first hire, Michigan Paid Medical Leave Act accrual tracking, and workers' comp enrollment — automatically, on every payroll cycle.

  • Elliott-Larsen — 1-Employee Coverage
    Michigan's Elliott-Larsen Civil Rights Act applies to all employers with at least one employee — far broader than federal Title VII's 15-employee threshold. The 2023 expansion to cover sexual orientation and gender identity means every Michigan hire triggers full ELCRA obligations. WorkGenius ensures your employment agreements, policies, and practices are fully aligned.
  • Michigan Payroll, Automatically
    Minimum wage at $10.33/hr, flat 4.05% state income tax, PMLA accrual at 1 hour per 35 hours worked for employers with 50+ employees, and SUTA at 2.7% on the first $9,500 of wages — all calculated and remitted on every pay cycle.
  • Real-Time Compliance Monitoring
    Michigan's minimum wage adjusts annually and PMLA thresholds require ongoing monitoring. Our platform auto-updates when rates or rules change — so you're always compliant without tracking the legislative calendar yourself.
  • One Weekly Invoice
    A single, transparent weekly invoice covering payroll, taxes, PMLA administration, benefits, and compliance. No surprises, no hidden fees.

Other Key Michigan Compliance Areas

Michigan's employment law environment rewards careful preparation — particularly for employers scaling beyond the 3- and 50-employee thresholds.

Elliott-Larsen Civil Rights Act (ELCRA)

1-employee threshold

Michigan's primary anti-discrimination law applies to all employers with 1 or more employees. The 2023 expansion to cover sexual orientation and gender identity means employment agreements, anti-harassment policies, and onboarding materials must reflect updated protections. Violations can result in administrative complaints, civil lawsuits, and significant damages including attorney's fees.

Michigan Paid Medical Leave Act (PMLA)

50+ employees

Effective March 29, 2019, Michigan employers with 50 or more employees must provide up to 40 hours of paid medical leave per year. Employees accrue 1 hour for every 35 hours worked. Leave can be used for the employee's or a family member's illness, injury, medical appointment, domestic violence, or sexual assault. Employers must display required notices and maintain accrual records.

Michigan Payment of Wages and Fringe Benefits Act

Semi-monthly minimum

Michigan employers must pay wages at least twice per month (semi-monthly). The Act restricts wage deductions and requires itemized pay statements. Final wages are due on the next regular payday following termination. Violations can result in civil wage claims plus attorney's fees.

Workers' Compensation

3-employee OR 35hrs/13wks

Michigan's workers' comp threshold has two triggers: 3 or more employees at any time, OR 1 or more employees who regularly work 35+ hours per week for 13 or more consecutive weeks. Many small businesses cross the second threshold before the first. WorkGenius monitors both thresholds and ensures coverage is in place when required.

Simple Process

How It Works in Michigan

From first conversation to fully compliant employment — typically within days.

1

Tell Us What You Need

Workers, roles, locations, and start dates. We tailor the setup to your needs.

2

We Assess & Classify

Our AI runs every worker through California's ABC test. We prepare compliant contracts and payroll setup.

3

Workers Are Employed

Onboarded with California-compliant contracts, benefits enrolled, payroll running from day one.

4

We Handle Ongoing

Payroll runs with daily OT. Taxes filed. Compliance monitored. One weekly invoice.

Michigan EOR: Common Questions

What changed about Michigan's Elliott-Larsen Civil Rights Act in 2023?

In 2023, both the Michigan Supreme Court (in Rouch World v. Department of Civil Rights) and the Michigan legislature confirmed that ELCRA's prohibition on sex discrimination covers sexual orientation and gender identity. This was a significant expansion — previously, federal protections under Title VII covered these categories (following the US Supreme Court's 2020 Bostock decision), but Michigan's own law was ambiguous. Now, ELCRA explicitly covers LGBTQ+ employees, and it applies to every Michigan employer regardless of size — including employers with fewer than 15 employees who would not be covered by federal Title VII. WorkGenius ensures all Michigan employment agreements and policies reflect the updated law.

Why does ELCRA apply from employee one, and what does that mean for my business?

Unlike federal anti-discrimination laws (Title VII applies at 15+ employees, ADEA at 20+, ADA at 15+), ELCRA has no minimum headcount threshold. The moment you hire your first Michigan employee, you are subject to ELCRA's full anti-discrimination requirements covering race, sex (including sexual orientation and gender identity), age, religion, national origin, height, weight, marital status, and disability. This means even a small team with one Michigan remote worker requires ELCRA-compliant offer letters, onboarding materials, and workplace policies. WorkGenius handles this from day one.

What is Michigan's Paid Medical Leave Act and who does it apply to?

The Michigan Paid Medical Leave Act (PMLA), effective March 2019, requires private employers with 50 or more employees to provide paid medical leave. Employees accrue 1 hour of paid leave for every 35 hours worked, up to 40 hours per year. Leave can be used for the employee's or a covered family member's medical care, domestic violence, or sexual assault situations. Employers with fewer than 50 employees are not required to provide paid leave under state law (though federal FMLA unpaid leave still applies at 50+ employees). WorkGenius tracks PMLA accrual and manages usage requests automatically.

What is Michigan's workers' compensation threshold?

Michigan has two separate triggers for mandatory workers' comp coverage. The first is straightforward: 3 or more employees at any time. The second catches many small businesses: 1 or more employees who regularly work 35 or more hours per week for 13 or more consecutive weeks. A single full-time remote employee in Michigan can trigger coverage under the second threshold. WorkGenius monitors both thresholds and ensures compliant coverage is in place before it is required.

How does Michigan's flat income tax work, and why did the rate change?

Michigan uses a flat state income tax rate rather than graduated brackets. The rate was 4.25% for many years, but Michigan's constitution includes a revenue-triggered rate reduction mechanism. When state revenue exceeded a statutory threshold in fiscal year 2022, the rate automatically dropped to 4.05% for tax year 2023. The rate may revert to 4.25% in future years if revenue falls below the threshold. WorkGenius monitors the annual rate and adjusts withholding automatically — you never need to track Michigan's revenue reports to stay compliant.

Are non-compete agreements enforceable in Michigan?

Yes. Michigan courts enforce non-compete agreements that are reasonable in duration, geographic scope, and the type of employment or line of business restricted. Unlike Minnesota (which banned non-competes) or Maine (which has significant income-based restrictions), Michigan has not enacted broad non-compete reform. Courts may modify — rather than void — agreements that are overly broad. WorkGenius drafts non-compete provisions that meet Michigan's reasonableness standard while protecting legitimate business interests.

Employer of Record

Ready to Employ in Michigan Compliantly?

WorkGenius handles AB5 classification, California payroll, benefits, and every other compliance requirement so you don't have to. Get started today.

No commitment required. Free consultation included.