If a permanent change is made to a predetermined schedule, employees must be laid off for at least two shifts or receive overtime for the hours worked in the first shift of the modified schedule. In Michigan, FLSA`s overtime benefits apply to those who work for employers who: A key difference between federal and state law is the ability to provide workers with «overtime» instead of paying overtime. Only state employers are allowed to use comp time under federal law, but private employers can do so under Michigan`s overtime pay laws. An employer may use a compensatory time system, provided that the employee consents in writing. Under this plan, employees are not entitled to overtime pay. Instead, for every hour greater than 40 hours in a work week, an employee receives one and a half hours of paid leave. In order for an employer to implement a compensatory time system, the employee must be entitled to at least 10 days of paid leave per year. In addition, an employee can accumulate a maximum of 240 hours of compensatory time, or nearly one month of paid leave. An employee may be excluded from the use of compensatory time only if it is likely to be unreasonably disruptive at that time. If an employee leaves the employment relationship (voluntarily or involuntarily), he or she is entitled to all wages earned through paid leave. A person can also file a civil lawsuit for unpaid overtime. As mentioned above, there is a 3-year statute of limitations for this type of lawsuit.
Actions filed after 3 years will be rejected. If your job falls within one of the four main exception categories of the Overtime Act (executive, administrative, professional, and field service), you are not covered by Michigan and federal overtime regulations. The rules for overtime pay are a mix of state and federal laws. Federal regulations provide a minimum standard for employees across the country in areas such as child labor, minimum wage, and overtime pay. Federal laws are contained in the Fair Labour Standards Act (FLSA) of 1938. Michigan also has additional protections for overtime not provided by FLS, also known as «one and a half times the time wage,» or one and a half times an employee`s regular hourly wage. As a result, Michigan`s overtime minimum wage is $14.81 per hour, which is one and a half times Michigan`s regular minimum wage of $9.87 per hour. If you earn more than Michigan`s minimum wage rate, you are eligible for at least 1.5 times your regular hourly wage for all overtime worked. In Michigan, an employee is only entitled to overtime pay if they work for an employer with 2 or more employees. This is different from federal legislation, which sets standards that apply to all employers with gross revenues of $500,000 or more, regardless of business size or total workforce. There are also occupations that are exempt from overtime.
In Michigan, these include: Are you being denied overtime? Michigan law is on your side, but don`t wait to pursue your claim. Claims for non-payment of overtime must be filed in state court within 12 months of the violation. You have two years after the breach to file a claim under the RSA. Don`t hesitate; Contact a Michigan labor lawyer today. Ultimate guide to Michigan`s labor laws: minimum wage, overtime, breaks, vacation, hiring, firing, and various labor laws. Michigan`s overtime law applies to all businesses with two or more employees. Agricultural and agricultural workers, elected officials, seasonal workers, and child care workers under the age of 18 are all completely exempt from overtime, as are most white-collar workers and anyone already exempt from Michigan`s minimum wage law. Michigan also states that employees can be paid for overtime with 1 1/2 hours of compensatory leave in lieu of overtime pay for each hour of overtime worked if an agreement has been reached between the employee`s collective bargaining representative and the employer. While some states have a daily overtime limit that allows any employee who works more than a certain number of hours in a single day to be paid overtime, Michigan does not specify a daily overtime limit. An employer cannot refuse to pay overtime if it falls under the FLSA. Employees are entitled to remuneration for hours worked. In addition, Michigan employees can receive overtime pay in the form of 1.5 times paid leave (PTO) for each overtime hour worked.
This agreement requires a written agreement between the employer and the employee`s collective bargaining representative. In Michigan, «comp» time is also allowed for government employees. Unlike the court system, the compensation and hours of work program does not charge a filing fee for an overtime complaint. Federal laws allow a person to file additional lawsuits and complaints. Michigan`s overtime law requires all non-exempt employees to receive 1.5 times their regular wages for all hours worked after the first 40 hours of a week.