Your Rights Archives

Update on Michigan’s Sick Time Act (Small Business Compliance)

Mar 17, 2025 | Know Your Rights, Michigan Laws

Small Business Compliance

Accrual Method: Employees accrue 1 hour of paid sick time for
every 30 hours worked, and unused paid sick time rolls over up
to 72 hours, or 40 for a small business. Employers may limit the
use of earned sick time to 72 hours, or 40 for a small business,
in the 12-month period.
New Hire Waiting Period: If using the accrual method,
employers may have a policy for new employees hired on or
after Feb. 21, 2025, requiring these employees to wait up to 120
days before using accrued sick time. Employees accrue earned
sick time during this waiting period. If frontloading, hours are
available for immediate use.
Small Business Compliance: Small businesses have until Oct.
1, 2025, to comply with ESTA requirements. Small business is
defined as an employer having 10 or fewer employees.

How to determine if an employer is a “small business” under the ESTA?

All employees of the employer within the U.S. or its territories are included for purposes of the total number of employees.
An employer is considered a “small business” if it employs 10 or fewer
employees. This includes full-time, part-time, and temporary employees
including those provided through a temporary service or staffing agency or similar entity.
Once an employer employs 11 or more employees for 20 or more work weeks in the current or prior calendar year, the employer cannot be a “small business” again until it meets the requirements above.

When does an eligible employee begin to accrue earned sick time?

Small businesses will submit and obey Oct. 1, 2025, or upon commencement of the employee’s employment, whichever is later.

What notice must the employer provide to employees?

Sec. 8. (1) An employer subject to this act shall provide written notice to each employee at the time of hiring or not later than 30 days the effective date of the 2025 amendatory act that amended this section, whichever is later, including, but not limited to, all of the following:

The amount of earned sick time required to be provided to an employee under this act.
The employer’s choice of how to calculate a year as that term is defined under section 3.
The terms under which earned sick time may be used.
That retaliatory personnel action taken by the employer against an employee for requesting or using earned sick time for which the employee is eligible is prohibited.
The employee’s right to file a complaint with the department for any violation of this act.
The notice required under subsection (1) shall be in English, Spanish, and any language that
is the first language spoken by at least 10% of the employer’s workforce, if the department has translated the notice into that language.

This act does not require an employer to:

This act does not require an employer that provides paid earned sick time at the beginning of a year as described in subsections (2) to (4) to do any of the following:

Allow an employee to carry over any unused earned sick time from 1 year to the next year.
Calculate and track an employee’s accrual of paid earned sick time.
Pay the employee the value of the employee’s unused accrued paid earned sick time at the end of the year in which the earned sick time was accrued.

Read the February 2025 Update Here (PDF)

The Law: EARNED SICK TIME ACT (EXCERPT) Act 338 of 2018

If you are charged with a crime

If you are charged with a crime you’re part of the State of Michigan family now. Your right to remain silent and request a lawyer exists as of the writing of this article.

So call us – Because you don’t want to be a part of that family.

Komorn Law (248) 357-2550

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Recent

Update on Michigan’s Sick Time Act (Small Business Compliance)

Small Business Compliance Accrual Method: Employees accrue 1 hour of paid sick time forevery 30 hours worked, and unused paid sick time rolls over upto 72 hours, or 40 for a small business. Employers may limit theuse of earned sick time to 72 hours, or 40 for a small...

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What Are Your Rights Before And After Arrest?

Mar 3, 2025 | Know Your Rights, Michigan Laws, Your Rights

What are your rights before and after arrest?

Generally, police require a search warrant to lawfully enter any private premises or to search electronic devices such as your phone or computer.

If the police do not possess a search warrant, you are under no obligation to permit them entry into your home, garage, vehicle, or any other private space that is not accessible to the public.

Conversely, if they present a warrant, you should comply by allowing them to search the specific items or areas detailed within the warrant, as the scope of their search is typically confined to those terms.

Anything you say will be twisted into their narrative and used against you

While the police are conducting their search, you can ask if you can watch them as they complete it. That is… if you’re not facedown on the floor and handcuffed.

You can also ask if you can call a lawyer even if you’re facedown in the dirt and handcuffed.

They probably will not allow it so remain silent and assert your 5th amendment. Anything you say will be twisted into their narrative and used against you.

Before they begin. Police should give you a list of everything that they take as evidence when they complete their search.

They should also leave a copy of the warrant or other document that allowed the search.

Of Course There’s Exceptions

The Auto Exception Rule
Exceptions that Justify Warrantless Searches?
If police witness a crime, they do not need a warrant to conduct a search.

Anything you say will be twisted into their narrative and used against you

The Fifth Amendment

The Fifth Amendment ratified in 1791 is supposed to protect citizens from government overreach.

Protections

Due process: Requires notice and a hearing before taking away life, liberty, or property
Self-incrimination: Prevents being forced to testify against oneself in a criminal case
Double jeopardy: Prevents being tried twice for the same crime
Grand jury: Requires an indictment by a grand jury before being tried for a serious crime
Takings: Requires just compensation when the government takes private property for public use

Other protections

Equal protection before the law
Financial compensation when the government takes private property

The Fifth Amendment draws its roots from English common law, with the grand jury clause tracing back to the Magna Carta, a historic document that safeguarded individuals against unjust prosecution by the English monarchy.

Miranda Rights

When you are arrested by the police, it is their legal obligation to inform you of your Miranda rights.

The most common version of Miranda rights is:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

You may encounter an alternative perspective, yet it must uphold the same rights.

You are not obligated to answer questions following your arrest, as both police and prosecutors cannot compel you to do so, and this right to remain silent is protected under the Fifth Amendment of the U.S. Constitution.

You are entitled to have legal representation with you when communicating with law enforcement or the prosecutor. When you are sitting in the “interview room”

This includes any oral or written statements you make.

Your right to a lawyer is guaranteed by the Sixth Amendment to the U.S. Constitution.

Michigan law guarantees that anyone suspected of committing a crime who wants a lawyer can get one, regardless of their ability to pay.

You must clearly and specifically ask for a lawyer to have one present during police questioning.