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:
Michigan Overtime Rules
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:
- Official State Codes
- U.S. Labor Code
- Federal Wage Law: The Fair Labor Standards Act
- Michigan Employment Laws
Have a Michigan Overtime Issue? Speak With an Attorney Today
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. Don't delay; contact a Michigan employment law attorney today.
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