I am a CNA doing in home care working for a private business owner. Have been working for 2+years, have never been paid time and half for hours worked over 40 hours. Suddenley, get paid 1 check for reg and overtime, then quit paying OT on the next check. Am I rightfully due all my overtime since I hired in as a full time employee?

According to the federal rules (see below), this is more complicated then an automatic yes or no. You are going to have to read the fact sheet to find out which set of rules you are under.

Your state is not my state and I have no idea what rules (if any) MI has on this subject.

http://www.dol.gov/esa/whd/regs/compliance/whdfs25.pdf

Thank you for your reply. I looked on this site and it does not define accuratley for my profession.

Do you work directly for the client or through an agency?

What about the Fact Sheet are you saying doesn't accurate address your situation?

I report at the clients home and they basically determine how many hours I work during the week, but my hours are reported to the agency and they pay me through their payroll. I hired in at the agency as their employee.

OK.

And the second question I asked?

It basically describes Nursing in general, nothing in detail about CNA'S and my perdicament.

You are a companion as defined in this fact sheet. Believe me, I'm not denigrating your work as I had a wonderful CNA caring for my g-ma for quite a while. It is saying that LPNs and RNs, are NOT companions. You're welcome to call the DOL and confirm if you like.