Can I sue for not being paid $8.50 which is the minimum wage?

I’m getitng paid $7.50 at my job but was told that I’d be getting paid $8.50 an hour. I’m almost 2 months in and just realized this. What do i do?

Asked on June 3, 2016 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are a minor or a tipped employee, you may be paid less than your state's general minimum wage of $8.50. However, if you are not a minor or tipped employee (e.g. waiter), you must be paid minimum and, if not, may wish to contact the state department of labor to file a wage complaint; the DOL may investigate and help you. (If they don't, you could sue.) You could potentially recover an amount equal to the difference between what you were paid and what you should have been paid. Also, if you work more than 40 hours in any work week, you should get overtime for all hours past 40; if you did not, you could potentially recover that, too.

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