Employment · Michigan

Can I sue for unpaid overtime in Michigan?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Michigan?

free route

The Wage and Hour Division of the Department of Labor and Economic Opportunity takes an Online Wage and Benefit Complaint Form. For unpaid minimum wage or overtime you have three years from the violation to file it — notably longer than the twelve months the same office allows for ordinary unpaid wages and fringe benefits.

source ↗Not yet checked against the statute.

How much can you sue for in Michigan small claims court?

small claims limit

$7,000

source ↗Not yet checked against the statute.

What else should you know in Michigan?

also

Read that gap carefully if you are owed both. The overtime half of your claim has three years at this office and the unpaid-wages half has twelve months, so waiting can leave you with half a complaint.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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