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2026 Break Penalty Compliance Guide

Michigan Meal & Rest Break Laws & Penalty Pay

Statutory 30-minute off-duty meal period thresholds, paid 10-minute rest breaks, 1-hour penalty pay rules, and lactation accommodations under MCL 408.934.

State Citation: MCL 408.934
Daily OT Threshold: Weekly > 40h
FLSA Rest Code: 29 CFR § 785.18
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Meal & Rest Period Requirements in Michigan

Under statutory labor standards in Michigan, break requirements are governed by MCL 408.934 and FLSA rules.

Meal Period Rule

No mandatory state meal break for adults unless specified by employment contract.

Rest Period Rule

Under FLSA 29 CFR § 785.18, short rest periods (5 to 20 mins) provided by employers must be counted as paid work time.

Statutory Break Penalties & Employer Liability

Statutory rules regarding break violations and employer liability in Michigan:

  • ⚠️ Statutory Penalty Pay: Violations of employer-agreed break schedules or failure to pay for rest breaks under FLSA 29 CFR § 785.18 constitute wage theft liable for back wages.
  • On-Duty Meal Agreements: Permitted only in designated circumstances where duty nature prevents an off-duty break, requiring paid time.
  • Lactation Accommodations: Reasonable break time and private, non-restroom spaces must be provided for nursing mothers under federal PUMP Act & state laws.
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