Can a friend sue for no overtime pay?

UPDATED: Oct 1, 2022

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Can a friend sue for no overtime pay?

I have a friend that works for a small janitorial company less than 60 employees and he’s been working 50-60 hours a week and has been paid about minimum wage for that with no overtime pay. They also haven’t been taking out any taxes from his check but when I worked there they took taxes from mine. I want to know if it’s possible for him to sue or not.

Asked on November 9, 2018 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, he can sue for the money, though he may wish to first contact the state department of labor to see if they can help him get the money to which he is entitled: their help, if they provide it, is free and also expert (they have people who go after wage and hour violations for a living).
The law requires that hourly employees be paid overtime for all time worked past 40 hours in a week: when an employee is not paid the overtime to which he is entitled, he may take legal action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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