What to do if your boss is shorting your paychecks on overtime?

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What to do if your boss is shorting your paychecks on overtime?

I work 40 hrs a pay period which is 1 week 8am-430pm my boss tells me to stay
until 6pm everyday sometimes even later. Im only getting 40 hours on my paycheck
i have brought this to his attention several times and nothing is being done.
What can i do / or be done?

Asked on July 28, 2016 under Employment Labor Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

All non-exempt employees must be paid 1 1/2 times there hourly rate for all hours worked over 40 in a work week. Failure to follow the law can result in an employer having to pay not only the unpaid wages that should have been pasid, but also fines and penalties, some of which are also paid the employee as a penalty wage. If you are being underpaid, you can file a wage claim with your state's department of labor and/or sue your employer in small claims court. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Both the federal and state labor departments enforce the wage and hour laws, such as the Fair Labor Standards Act or FLSA. You can report the failure to pay you for all hours (hourly employees must be paid for all hours worked; and employers must keep accurate, truthful time records) and to pay you overtime when you work more than 40 hours in a week to either labor department. (It's probably better to initially contact your state's labor department.) They should be able to investigate and help you get the money to which you are entitled (the money you should have been paid, but were not). If for some reason they do not help, you could sue your employer for the unpaid wages.


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