A Michigan unpaid overtime lawsuit may be an option for hourly and salaried employees, as well as certain contractors, who work over 40 hours per week. If an employee feels that they are not receiving the overtime pay they are due, a Michigan unpaid wages lawyer may be able to help them recover the compensation he or she deserves.
For more information, contact Attorney Group for Michigan today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Michigan unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime is generally known as the compensation a worker receives once they have worked beyond a certain fixed amount of time. Different countries have different rules regarding overtime and overtime compensation. Eligible employees in the United States must receive compensation at no less than one and one-half times their regular rate of pay for hours worked in excess during a standard workweek of 40 hours.
Who is Eligible for Overtime Pay?
The Fair Labor Standards Act (FLSA) states that all “nonexempt” employees who work beyond the normal 40-hour workweek are eligible for overtime pay. Hourly and salaried employees who make less than $455 per week ($23,600 per year) are considered nonexempt. Beginning in December 2016, hourly and salaried workers who make less than $913 per week ($47,476 per year) were scheduled to receive coverage by the FLSA, potentially extending overtime protections to over 4 million workers. On November 22, 2016, however, a U.S. District Court Judge in Texas granted an Emergency Motion for Preliminary Injunction, halting the implementation of the ruling. On December 1, 2016, the Department of Justice filed an appeal in conjunction with the DOL.
According to the Michigan Workforce Opportunity Wage Act of 2014, the following occupations are exempt from receiving overtime benefits:
- Employees employed in a bona fide executive, administrative, or professional capacity
- Individuals who hold public office
- A political appointee of a person holding public elective office or a political appointee of a public body
- An employee employed by an establishment that is an amusement or recreational establishment, if the establishment does not operate for more than 7 months in a calendar year
- An employee employed in agriculture, including farming in all its branches
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
According to the Michigan Employment Security Act, a worker who maintains his or her own business is considered an independent contractor. Although independent contractors are not covered by the overtime rules under federal and state laws, some employers may intentionally misclassify their employees to avoid paying overtime and other workplace provisions. When an employee is found to be treated like an independent contractor, they may be able to recover compensation for unpaid overtime wages.
Unpaid Overtime Lawsuits
According to a DOL news release, a Michigan lawn service company was found to have violated the FLSA overtime and record keeping provisions, including:
- Misclassification of some employees as independent contractors instead of employees, and subsequently failed to pay them overtime
- Paid some employees a flat salary, without regard to the number of hours they worked, leading to overtime violations
- Banked overtime hours for some employees, to be paid out in future workweeks at straight time, rather than paying overtime in the pay period during which the hours were worked
Likewise, unpaid overtime lawsuits have been brought against the ride-share company Uber. At least five related actions have been filed in five federal district courts against the company, according to a motion placed with the Judicial Panel of Multidistrict Litigation in December 2015.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Workers who have been unlawfully denied overtime pay may be eligible to file a Michigan unpaid overtime lawsuit with the help of an unpaid wages lawyer in addition to being able to pursue a claim through the U.S. Department of Labor (DOL). In those cases, the employee can seek compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How a Michigan Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group for Michigan. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.
