Westland Unpaid Wages and Overtime Attorneys

In 2021, the US Census Bureau estimated that over 63 percent of all Westland city residents ages 16 and older were engaged in some type of employment. These workers included both employees and gig workers, full and part-time, in every industry represented within Westland. 

Westland is home to over 1,000 businesses, with at least one worker besides the business owner. These workers rightfully earn pay for their efforts. Michigan and federal law require employers to pay employees according to specific rules that apply to both regular wages and overtime earnings. Unfortunately, not all employers adhere to these regulations.

It can be challenging to prove your employer still needs to pay you the total wages and overtime they owe you. Employers keep pay records but may not share this information with employees.

The laws that protect workers against unfair wages and overtime practices also limit workers’ time to bring a claim to court if they suspect their employer is not paying them correctly. For this reason, it’s essential to speak to an experienced Westland unpaid wage and overtime attorney as soon as possible if you believe your employer has not paid you for hours worked.

Michigan Wage and Overtime Laws: The Basics

The state of Michigan and the federal government have laws governing how employers must pay employees. The federal rules set a baseline that every employer must meet. States can enact laws that add more protections but cannot subtract from the protections in the federal regulations. 

The Workforce Opportunity Wage Act in Michigan includes rules for calculating wages and overtime pay. For instance, it requires an employer to pay overtime at least 1.5 times a team member’s salary. Employers must pay overtime for any time beyond 40 hours a team member works in a week. 

For example, suppose a team member works 50 hours in one week. This team member’s usual hourly rate is $20 per hour. For the first 40 hours, the employer must pay the team member’s regular hourly rate of $20. For the extra 10 hours, the employer must pay 1.5 times the team member’s standard hourly rate or $30 per hour.

Some exceptions do exist in the Michigan Opportunity Wage Act. For instance, employers may pay more than 1.5 times the regular rate for overtime if they wish, but they cannot pay less. Also, overtime pay is calculated differently in some professions – but it must always be calculated according to the law’s rules. 

Employers can only pay employees correctly for their time if the employer accurately calculates each team member’s work. Timesheets, clocks, and other systems are familiar sights in Michigan workplaces. These systems track employees’ work time so wages and overtime can be calculated correctly.

Timekeeping systems aim to create a clear record, allowing employers and employees to know exactly how long someone worked and calculate how much the employer must pay that person. However, some employers find ways to bend this system to their advantage – getting employees to work without paying them, even though the law requires it. 

For example, under Michigan law, an employer that requires employees to clock out during a meal break cannot require employees to do any work during the meal break. The employer must pay for the meal break if the employer expects or assigns any work during that time. Yet some employers instruct their employees to clock out during meal breaks and give that team member work to do during the break. 

Federal Wage and Hour Rules

Federal wage and overtime laws appear in the Fair Labor Standards Act (FLSA). Michigan law and the FLSA are similar in some ways. For example, state and federal law require employers to pay at least 1.5 times a team member’s usual wage for overtime work. Both regulations define “overtime” as time worked beyond a 40-hour workweek.

In some ways, however, Michigan law differs from the FLSA. For instance, the FLSA applies to employers earning a gross income of $500,000 or more annually. The FLSA needs to mention how many employees that employer must have. Michigan state law, however, applies to any employer with more than two employees, no matter how much that employer makes in gross income each year. 

The Fair Labor Standards Act applies to employees starting on day one of their employment as long as the FLSA covers their employer. In this way, the FLSA differs from other federal employment laws, like the Family and Medical Leave Act (FMLA), which require time to “kick in.” 

Common Issues Involving Unpaid Wages and Overtime

Manipulating timesheets or time clocks is one-way employers can bend the payment system to their favor – and avoid paying employees what they are owed. Many employers don’t try to turn the timekeeping system to their benefit. Instead, they use other methods – intentionally or by mistake – that end up depriving employees of their total pay. 

Exempt vs. Non-Exempt Salaried Employees

Not all Michigan employees earn an hourly wage. Many are “salaried,” making a set amount each pay period. 

Some employers and workers in Michigan mistakenly believe salaried employees never receive overtime pay, but some salaried workers do qualify for overtime pay. These are “non-exempt” salaried employees because they are not exempt from overtime rules.

Whether or not a worker is exempt from overtime rules depends on several factors. It’s essential to speak to an attorney if you suspect you are improperly classified as an exempt worker when you should be non-exempt. 

A Team Member or Independent Contractor? Worker Misclassification Issues

In addition to misclassifying workers as exempt or non-exempt, some employers misclassify workers as “independent contractors” when these workers should be classified as “employees.”

There’s a big difference between employees and independent contractors. Employees are entitled to many protections, including wage, overtime, and benefits rules, that independent contractors don’t receive. Employers have more legal responsibilities to employees than to independent contractors – and many employers find they save money when they classify workers as contractors instead of employees.

Determining whether a worker is an employee or an independent contractor can be tricky. It’s more complex than the title the employer wants each worker to have. Instead, the proper classification depends on factors like where the person works, who controls the items they use on the job, who manages the worker’s time, and more. 

If your workplace treats you as an independent contractor, but you suspect you should be a team member, talk to an experienced lawyer as soon as possible. 

Do I Need an Experienced Westland Wage-and-Overtime Attorney?

Wage theft is the most significant type of theft in the United States in dollars annually. Workers who lose wages and overtime pay to unscrupulous employers have rights – but you must act quickly to protect those rights. 

Time Limits on Unpaid Wage and Overtime Claims

You must bring unpaid wage and overtime claims within a specific time frame. When workers file their claims on time, they can move the claim to court more successfully. 

These time limits include:

• Three years for Michigan state law claims for unpaid wages and overtime.
• Two years for federal FLSA claims for unpaid wages and overtime. 

Some federal claims have a three-year time limit when an employer did not act in good faith. Talk to an attorney when you suspect your employer owes you wages and overtime they haven’t paid. 

What If My Employer Retaliates When I File a Claim? 

If you are concerned about your employer’s actions if you file a claim, you’re not alone. Every year, many Michigan workers hesitate to file wage or overtime claims, afraid their employer might demote them, cut their hours, or even fire them outright.

Both state and federal laws prohibit employers from retaliating against workers who assert their rights regarding wages and overtime. For instance, an employer may not retaliate against you if you:

• Ask for your unpaid wages or overtime pay.
• Request copies of your pay stubs, timesheets, or other information to calculate your payment. 
• Talk to an employment law attorney about your rights.
• File a state or federal claim for unpaid wages or overtime. 

Employers may take no action that negatively affects you or your work. If they do, you may have two claims: a claim for retaliation and a separate claim for your unpaid wages or overtime.

Speak to an Experienced Michigan Unpaid Wage and Overtime Lawyer Today

Calculating the unpaid wages or overtime your employer owes you can be challenging. To determine the total amount your employer owes you, you may have to demonstrate you are improperly classified or shouldn’t be considered an “exempt” worker. These can be tough arguments, especially when your wage or overtime claim is your first lawsuit against someone else.

Don’t try to win your claim alone. Talk to an experienced Westland unpaid wage and overtime lawyer today. The attorneys at Sommers Schwartz, P.C. can determine if your employer has improperly classified you or paid less than they owe you for your hard work. We help our clients fight for the pay they’ve earned. To learn more, contact us today to schedule a free and confidential consultation.