What to do if my employer is denying overtime pay?
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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 12 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.
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