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04/04/2024
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Summary of differences between federal and state regulations
Coverage
In the Michigan definition of employer, the terms are stated as a minimum period of time or payroll of 20 weeks/$1000 in a calendar year.
In Michigan, employment does not include any service performed by a student in a work-study program, or part-time service by a minor, or by a member of a band or orchestra.
Workers are considered employees unless the worker is free from control or direction in the performance of the work under the contract of service and in fact. Another test also applies in the state: contract of hire, written or oral, express or implied.
The laws of most states permit employers to elect coverage of workers who perform their services entirely outside the state if they are not covered by any other state or federal UI law. For most of the states permitting such elections, residence is required in the state of election, but this is not the case in Michigan.
Exclusions from the definition of employment include:
- Insurance agents on commission,
- Real estate agents on commission, and
- Part-time service for nonprofit organizations exempt from federal income tax.
Students working for schools are excluded from coverage.
With regard to officers of corporations, Michigan limits benefits payable based on services performed in a family corporation in which the individual or his/her son, daughter, spouse, or parent owns more than 50 percent of the proprietary interest in the corporation to no more than 10 weeks.
State coverage is required for services performed for religious, charitable, or educational nonprofit organizations. Although coverage is required only for those organizations employing four or more workers in 20 weeks, a number of states have provisions that cover smaller nonprofit organizations as well. This state has expanded coverage provisions beyond federal requirements.
Federal
Contact
U.S. Department of Labor, Employment and Training Administration
(https://workforcesecurity.doleta.gov/unemploy/uitaxtopic.asp)
Regulations
20 CFR chapter V
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.