Michigan Overtime Laws

Money may not be the only reason you go to work each day, but it likely is a big motivator. So you want to be fully compensated for the work you do. If your boss is not properly following overtime laws, it could cost you money. In Michigan, most employees are entitled to overtime pay after working more than 40 hours a week. A quick review of Michigan overtime laws can help you understand when overtime pay is required.

Michigan Overtime Law Summary

This chart highlights key provisions of Michigan overtime law.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly : Pay time and a half over 40 hours work/week.
  • Hourly Plus Bonus and/or Commission : Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Michigan Overtime Rules

  • Required over 40 hours at a rate of 1.5 time standard pay .
  • "Comp" time allowed for government employees .
  • No mandatory overtime for working over 8 hours a day .
  • 12-month statute of limitation for state-law claim.
  • 2-year limit for filing a FLSA claim.

Filing a Wage Complaint

What is the Law for Overtime in Michigan?

Michigan's overtime law requires all non-exempt employees to be paid 1.5 times their regular rate of pay for all hours worked after the first 40 in a week. This means if you usually make $10 an hour, you must be paid $15 an hour for any time worked beyond the 40-hour threshold. Michigan does not have overtime rules for the number of hours worked in a day.

The rules for overtime pay are a mixture of state and federal laws. Federal rules provide a minimum standard for employees across the country in areas including child labor, minimum wage, and overtime pay. The federal laws are contained in the Fair Labor Standards Act (FLSA) of 1938. Michigan also has additional overtime protections not provided by FLS

Who Gets Overtime Pay in Michigan

In Michigan, the overtime benefits provided by FLSA apply to those who work for employers that:

  • Produce goods for sale outside Michigan
  • Have gross annual revenue more than $500,000
  • Employ domestic service workers such as day workers, housekeepers, chauffeurs, cooks or full time babysitters. These employees are covered if they receive at least $50 in cash wages in a calendar quarter or work more than 8 hours a week
  • Operate as a hospital or health care facility for the sick, aged or mentally ill
  • Operate as a pre-school, elementary or secondary school or college
  • Operate as an agricultural employer who employs 500 man days of agricultural labor (in a quarter for the previous or current year)
  • Are federal, state, and local governments
  • Employers with two or more employees 16 years and older are covered by Michigan's Workforce Opportunity Act. It also requires an overtime rate for non-exempt employees of 1.5 times the regular rate of pay.

Exempt vs. Non-Exempt Employees

An employee is labeled non-exempt when their job title is "not exempt" from state and federal wage and overtime laws . Most workers fall into the "non-exempt" category which includes most non-management jobs and blue-collar workers.

An employee is typically exempt from FLSA wage and overtime regulations if their job is classified as executive, administrative, or professional in nature. Outside salespeople and some computer employees also are exempt.

Research the Law

State laws are always subject to change. It's important to verify the laws you're researching by conducting your own research or consulting with a qualified Michigan employment law attorney. The following link will provide more information about wage law:

Have a Michigan Overtime Issue? Get a Free Claim Review

Are you being denied overtime pay? Michigan law is on your side, but don't wait to pursue your claim. Complaints for nonpayment of overtime must be filed in state court within 12 months of the violation. You have two years of the violation to file a claim under the FLSA. If you have an issue at work, it's a good idea to speak with a local attorney who has experience in wage law. Receive a free claim review to learn more about your rights.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.