What is the law regarding overtime pay, breaks and insurance?

UPDATED: Sep 30, 2022

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What is the law regarding overtime pay, breaks and insurance?

I work at a valet company and anytime I work over 80 hours by-weekly pay. My

employer pays me the overtime in cash. Is this legal? We also work 10-13 hour shifts with no breaks and physically running in the cold can be backbreaking for your body. When I do receive my overtime cash, my employer takes 5 out of every employee’s money for his insurance. If you do get into an accident, he then makes the employee pay the deductible of the car that was smashed. This is a huge business that makes over a million dollars a year and this stuff has been going on for the past 10 years. I just want some answers because it seems no one investigates this company and we get treated poorly. Also, I haven’t been paid on time again and I’m owed $400 in OT which he doesn’t include in the check and gives cash. If you do get hurt at the job they don’t help you out in anyway.

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Your state does not require breaks, so they can make you work 10 - 13 hours straight, regardless of how tough it is for you.
2) Overtime can be paid in cash--as long as it is paid. There is no law saying that it must be paid by check, etc.
3) An employer does not have to "help you out" if you are hurt on the job, but you can apply for worker's compensation or sue you employer (if the employer is at fault).
4) If you damage a customer's car, your employer can require you to pay for the damage or deductible. They can't simply take it out of your pay if you don't consent to let them do so; on the other hand, since they could fire you for causing damage and not paying for it, and/or sue you (for example in small claims court), it may be best to allow them to take the money.
5) If you are told that employees need to contribute to the insurance premiums, then it is legal; it becomes a term or conditon of employment, and if you don't want to work under those terms, you can seek other employment.

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.

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