Michigan Lawyers For Employees With Overtime Pay Claims

We are not complaining about the work. We want to see our hard work reflected in our pay.

Emmett J. Bogdon

Effective December 1, 2016: The U.S. Department of Labor (DOL) has updated the regulations defining who is eligible for overtime under the Fair Labor Standards Act. After December 1, 2016, over four million employees who have been denied overtime benefits will be eligible under the FLSA. Under FLSA, employees are entitled to be paid a minimum wage as well as overtime at time-and-a-half (1.5) their regular rate of pay for hours worked over 40 in a workweek unless they fall into an "exempt" classification.

Changes To Classification Of Exempt And Highly Compensated Workers

Prior to these updates going into effect, the definition of "exempt" was much broader, including salaried employees who perform executive, administrative, professional duties, or certain kinds of computer employee who earned at least $455 per week or $23,660 annually. In addition, employees who did not fall into this definition of "exempt" could also be "exempt" as "highly-compensated" workers. "Highly-compensated" employees was defined by the DOL to include employees who earned $100,000 or more annually, including at least $455 per week paid on a salary basis, whose primary duty included office or non-manual work, and who customarily and regularly performed at least one of the exempt duties or responsibilities of an exempt executive, administrative, or professional employee.

The prior definition of "exempt" resulted in employers abusing FLSA, which was enacted to protect employees from not being paid a living wage. Many employers attempted to create paper job classifications misclassifying frontline employees as "managerial" or "professional" in name only while paying the exact minimum necessary to preclude these employees from receiving overtime benefits.

Effective December 1, 2016, the minimum salary necessary to be exempt will be increased to $913 per workweek or $47,476 annually for most. For "highly-compensated" employees, the minimum salary will be increased to $913 per week and $134,004 annually.

This is an important win for workers requiring employers to pay millions of Americans who had been undercompensated for working more than forty hours a week. That being said, there will likely be many employers who will still attempt to skirt federal law or who will attempt to violate FLSA entirely. If you believe that your right to a minimum wage or overtime has been violated, please contact our firm to arrange a free consultation. We are here to help. Call 313-566-4787 or 800-221-6021, or send us an email today.

Are You Receiving Overtime Pay For Working More Than 40 Hours Per Week?

Millions of workers in America are being denied the overtime pay they are entitled to receive. Both federal and Michigan law mandate that employees receive time and a half for all hours worked in excess of a regular 40-hour work week. Despite these overtime laws and regulations, too many workers in Detroit and across the state are being denied the overtime pay they rightfully deserve.

You need to be paid fairly for your work, including all of your overtime hours. If you are an hourly worker who has been denied overtime pay, or a salaried employee who believes that you have been wrongly classified as exempt from overtime pay requirements, we would be happy to speak with you. Contact our firm or call 313-964-4454 or 800-221-6021.

Pursuing Justice And Compensation For Underpaid Employees In Michigan

The labor law attorneys at Miller Cohen, PLC, have been standing up for the rights of workers and labor unions in Michigan for decades. We have the knowledge, skill and passion needed to fight for the overtime pay or minimum wages you are entitled to by law.

If you are an adult, there are no legal limits on the number of hours an employer can require you to work in a week. However, according to the federal Fair Labor Standards Act (FLSA) and Michigan's Payment of Wages and Fringe Benefits Act, employees must be paid overtime if they work more than 40 hours in a week.

Please note that it is also illegal for your employer to terminate your employment or otherwise discriminate against you for filing a complaint about not being paid overtime.

Misclassification Of Workers As Exempt To Avoid Payment Of Overtime Wages

Certain employees are exempt from being paid for overtime work, including executives, managers, outside sales employees and other professionals. The rules regarding when an employer does not have to pay overtime to certain types of employees are complicated and subject to change. Employers who want to avoid paying overtime wages will often incorrectly classify workers as "exempt." However, certain types of employees are actually entitled to overtime pay even though their employer has labeled them "exempt," including:

  • Computer programmers, software designers and other computer specialists
  • Nurses, ambulance drivers, emergency medical technicians (EMTs)
  • Employees of retail and service establishments improperly classified as "managers"
  • On-call employees
  • Workers labeled "independent contractors"

You Must Act Quickly To Preserve Your Right To Back Pay And Other Damages

In Michigan, you must file a complaint regarding nonpayment of overtime within 12 months of the violation. You must file a claim under the FLSA within two years of the violation. If you have been denied overtime pay and think you have a claim, don't wait to contact an employment lawyer to discuss your potential wage hour dispute.