If you have to work more than a normal 40 hour week, then you might have your eye on that overtime pay to keep you going. And you want to make sure that your employer compensates you if you’re eligible. If your employer doesn’t, then you could be missing out on a lot of money. In Michigan, working more than 40 hours a week qualifies employees for overtime pay. Knowing the overtime laws in Michigan can make sure you receive the money that you earned.
Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, 1.5 x the regular rate.
Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
Overtime Rules in Michigan
1.5 x regular pay rate on all hours after 40
Government employees can earn “comp time.”
No mandatory overtime for days longer than 8 hours
State law has a 12-month statute of limitations for claims
FLSA has a 2-year limit for filing a claim
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor
File a Complaint to the Michigan Dept. of Licensing & Regulatory Affairs
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
What Are the Laws in Michigan for Overtime?
Nonexempt employees in Michigan must receive 1.5 x their standard rate of pay for any hours worked over 40 in a single week according to overtime law. If you make $8 an hour, then you would make $12 per hour while working overtime. There are no laws that enforce overtime pay for working a certain amount of hours in a single day.
Michigan uses both state and federal law to establish the rules for overtime pay. The Fair Labor Standards Act of 1938 (FLSA) sets a minimum standard of rights for employees across the nation. The FLSA covers child labor, minimum wage, and overtime pay across the country. Michigan also provides additional overtime protections for employees.
Which Types of Employees in Michigan Receive Overtime Pay?
Michigan applies the FLSA benefits for overtime to employees of the following:
Employers who sell goods in other states that were produced in Michigan
Employers who have more than $500,000 in gross annual revenue
Employers of domestic service workers that receive at least $50 in cash wages per quarter and work more than 8 hours a week (chauffeurs, cooks, day workers, full-time babysitters, or housekeepers.
Hospitals and healthcare facilities for the aged, mentally ill, or sick
Colleges, secondary, elementary, or pre-schools
Agricultural employers hiring at least 500 staffed days of agricultural labor (for a quarter in either the previous year or current year)
Local, state, and federal governments
The Michigan Workforce Opportunity Act covers employers that hire two or more employees 16 years or older. This act requires nonexempt employees receive pay at 1.5 x the normal rate for overtime.
Non-Exempt vs. Exempt Employees
Nonexempt employees are those who are labeled as “nonexempt” by federal and state overtime laws. Most employees are nonexempt, including blue-collar workers and non-management jobs.
Administration, executive, and professional positions are classified as exempt from the FLSA wage and overtime regulations. Also exempt are outside salespeople and some computer employees.
Research Your Local Laws
It’s important to do your own research, however, as state laws can always change. For the best results, seek a Michigan attorney both qualified and experience in employment law.
Do You Think You Have a Case? Contact Lemberg Law for Counsel
If you feel that an employer has taken advantage of you or someone you care about, please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for Federal and state wage law violations.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
Can my employer notify me midweek that I have mandatory overtime to complete by the end of the week?