Best Wage & Hour Lawyers in Michigan

About Wage & Hour Law in Michigan, United States

Wage and hour law in Michigan covers the rules and regulations regarding how employees must be compensated for their work. These laws specify requirements for minimum wage, overtime pay, hours worked, break periods, and recordkeeping. Michigan’s Wage and Hour laws are enforced by both state and federal agencies, including the Michigan Department of Labor and Economic Opportunity (LEO) and the United States Department of Labor (USDOL). The goal of these laws is to ensure that workers are paid fairly for their time and to prevent exploitation in the workplace.

Why You May Need a Lawyer

You may need a lawyer specializing in wage and hour law in a variety of situations:

• You believe you are not being paid minimum wage or proper overtime pay.
• Your employer has made improper deductions from your paycheck.
• You have been misclassified as an exempt employee or independent contractor to avoid overtime pay.
• Your hours have been underreported or altered by your employer.
• You did not receive mandated meal or rest breaks.
• You have been subjected to retaliation for asserting your wage and hour rights.
• You want to understand your employment contract or a separation agreement regarding pay.
• You are an employer needing help to comply with wage and hour laws.

Legal help can clarify your rights, help you recover unpaid wages, and ensure continued workplace protection.

Local Laws Overview

Michigan’s wage and hour laws closely follow the federal Fair Labor Standards Act (FLSA), but there are some key state-specific regulations that workers and employers should know:

• Minimum wage: As of 2024, Michigan’s minimum wage is $10.33 per hour for most employees. There are different rates for tipped employees, minors, and training wages for newly hired workers under 20 years old.
• Overtime pay: Non-exempt employees must be paid overtime (1.5 times regular pay) for hours worked over 40 in a workweek.
• Payday requirements: Wages must be paid regularly, at least semimonthly, and within certain time frames following the end of pay periods.
• Mandatory breaks: There is no state law requiring meal or rest breaks for adult employees, but federal law and some special categories, such as minors, apply specific rules.
• Recordkeeping: Employers must keep accurate records of hours worked and wages paid for at least three years.
• Final wages: Final wages must be paid by the next regular payday after termination or resignation, under most circumstances.
• Child labor: There are additional protections and restrictions for workers under 18, including hours and types of work restrictions.

If an employer is subject to federal, state, and local wage and hour laws, the rule that is more favorable to the employee will generally apply.

Frequently Asked Questions

What is the current minimum wage in Michigan?

As of 2024, Michigan’s minimum wage is $10.33 per hour for most employees. Tipped employees and minors may have different rates.

Am I entitled to overtime pay in Michigan?

Yes, most non-exempt employees must be paid one and one-half times their regular rate for hours worked over 40 in a workweek.

Does Michigan law require lunch or rest breaks?

Michigan law does not require employers to provide breaks for adults. However, workers under 18 must receive a 30-minute break if working more than five hours at a time.

How often must I be paid?

Michigan law requires that employees be paid at least twice per month.

Can my employer withhold my final paycheck?

No, an employer must pay your final wages on the next regular payday following your separation from the company, whether you were terminated or resigned.

What can I do if my employer is not paying me properly?

You can file a wage complaint with the Michigan Department of Labor and Economic Opportunity or the U.S. Department of Labor. You can also consult an attorney for legal action.

What is the law regarding tips in Michigan?

Tipped employees must receive at least the minimum tip wage plus enough tips to reach the regular minimum wage. If total earnings fall below minimum wage, the employer must make up the difference.

How does misclassification affect my pay?

Employers who classify workers as independent contractors or exempt employees without meeting legal requirements may be avoiding overtime and other wage rules. You may have a right to back pay if misclassified.

Are employers required to provide paid sick leave in Michigan?

Some Michigan employers are required to provide paid medical leave for certain employees under the Paid Medical Leave Act. Coverage depends on employer size and employee status.

Can I be fired for complaining about wage and hour violations?

It is illegal for employers to retaliate against workers for making complaints about wage and hour violations. If you believe you were retaliated against, you should seek legal counsel immediately.

Additional Resources

• Michigan Department of Labor and Economic Opportunity Wage and Hour Division - Handles state wage complaints and provides informative materials regarding your rights and responsibilities.
• U.S. Department of Labor Wage and Hour Division - Enforces federal wage and hour laws, including the Fair Labor Standards Act.
• Michigan Legal Help - Offers guidance and self-help materials for employees and employers navigating wage issues.
• State Bar of Michigan Lawyer Referral Service - Can assist you in finding a qualified employment law attorney.
• Local Legal Aid Organizations - Provide free or low-cost legal advice to eligible individuals.

Next Steps

If you believe your wage and hour rights have been violated, start by gathering relevant documentation, such as pay stubs, work schedules, and correspondence with your employer. Document all hours worked and any communications about your pay. Next, consider contacting the Michigan Department of Labor and Economic Opportunity to file a complaint or discuss your situation. For complex or serious issues, especially if you face retaliation or significant financial loss, consult with an employment law attorney who handles wage and hour cases in Michigan. An attorney can provide tailored legal advice, help negotiate a resolution, and represent you if legal action becomes necessary. Do not delay seeking help, as there are time limits for making wage claims.