What if they pay you your overtime in cash but it’s not time and a half?

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What if they pay you your overtime in cash but it’s not time and a half?

If your employer pays you your overtime in cash but it’s not time and a half just your

regular hourly pay. Is this legal?

Asked on December 5, 2016 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not legal. If you are not exempt from overtime (and if you are an hourly, not salaried, employee, you are not exempt: all hourly employees earn overtime), then you *must* be paid time-and-a-half for overtime (work past 40 hours in a workweek). To not pay you at the overtime rate would be a violation of labor law, such as the Fair Labor Standards Act. If you are not being paid the right amount, contact the state department of labor to file a complaint: you may be entitled to back overtime.


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