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Most hourly employees in Michigan are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the Fair Labor Standards Act).
The contract of employment may contain an agreement to work overtime if the need arises. If an employee refuses to work agreed overtime, it amounts to a breach of contract and disciplinary action can be taken against the employee (as a refusal to work agreed overtime amounts to misconduct.
Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Therefore, Michigan's overtime minimum wage is $14.81 per hour, one and a half times the regular Michigan minimum wage of $9.87 per hour.
A workweek is defined as a period of 7 consecutive days. The law requires that each workweek stand alone, and averaging hours over 2 or more weeks is prohibited. Under Michigan law, employers are required to establish each employee's workweek and indicate the beginning time and day of the workweek.
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 Overtime RulesNo 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.
If your contract says you have compulsory overtime but it's 'non-guaranteed', your employer doesn't have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don't do the overtime you've agreed to.
Just like the FLSA, the Michigan overtime law requires that non-exempt employees receive overtime pay equal to 1.5 x their regular hourly pay for any hours worked over 40 in a week (overtime). For more specifics about the Federal Law, please see our overtime and wages page.
Under the Michigan law, a person may only be entitled to overtime pay if the employer has more than 2 or more employees. (The Federal Law requires that the employer have a gross income of $500,000 irrespective of the number of employees.)
Can an Employer Make Employees Work Overtime Without Notice? Employers can require non-exempt employees to work beyond their 40-hour workweek hours without any notice. This can include requiring employees to work another shift without any notice.