Is it legal for my employer not to pay me back pay because I am salary?

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Is it legal for my employer not to pay me back pay because I am salary?

I am the assistant director at a day program and my employer switched financial companies. Well, under the other financial company, all the employees are owed 17 days of back pay. My employer says that since I am salary that it “balances out” and that I am not entitled to those 17 days pay even though I worked them. Is this legal?

Asked on November 15, 2010 under Employment Labor Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, it certainly does not sound legal in any way, shape or form!  If you worked those days and were owed money then it needs to be paid regardless of switching financial companies.  I can not figure out what switching financial companies has to do with it.  I would start by calling the Depatment of Labor and the state attorney general's office in Michigan and ask to speak with someone about the matter.  See what they say and where they direct you.  You may have to hire an attorney or sue him in small claims court for the money. Hopefully one good inquiry from the Department of Labor or the Attorney General's Office will do it. Good luck.


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