What to do if my employer is denying overtime pay?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my employer is denying overtime pay?

My employer has informed us that starting next month, if we take a paid day off in one week and then work over 40 hours in the following week, we will not receive overtime pay. Is there any legal way for an employer to do this? Basically saying that we are working overtime because we took a day off so they shouldn’t have to pay us twice for that day. We are a small company with less than 10 employees.

Asked on December 29, 2011 under Employment Labor Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states, an employee who works more than 8 hours per day and 40 hours per week who is paid on an hourly basis as opposed to salary is entitled to overtime wages at time and a half per hour. In the situation that you are writing about, you or other co-employees would be required to receive overtime pay even if you took a paid day off in a week and still worked more than 8 hours in a day or 40 hours for that week.

In the situation you are writing about, I would advise your employer of your entitlement to overtime. If the employer refuses the pay, your recourse is a complaint with the labor department.

 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption