Hi everyone, I found this link, but was not sure how to put a new post on it

http://www.laborlawtalk.com/archive/index.php/f-71.html

I work in MICHIGAN, in retail, at a hotel, and I work the night shift.

I had two questions, maybe someone can give me recomendation

I have been going into over time, about 2 hours each pay period (2 weeks), since I have been working here, for about 2 months now. They have a personal accountant that does the payroll, not a payroll company. Instead of getting 80 hours regular pay and 2 hours over time, I get 82 hours regular pay. Is this legal? In this rough economy, I am afraid to approach the boss or to file a complaint, for fear of loosing my job

2nd question - When I was hired into my job two months ago, it was on the agreement I would be working 4 days a week. Now I have to work 5 days a week because another employee quit, and its interphereing with my personal commitments. When I approached my employer, they told me to stop complaining, and apprecaite that I have a job in these tough times. I dont want to call in sick, because that would not help and I dont want to make someone else work my shift, especially night time shifts are tough, but I dont know how else to handle the situation

any advice on these two, would be great

my email address is -(deleted by moderator) (in case I cant figure out how to read the replies on this website)

thanks!

You almost certainly a due any unpaid overtime. You would recovery that by filing a wage claim with MI DOL.

I am not a termination expert. Filing a wage claim offers a limited protection against being terminated, but the employer could at least try to terminate you for an unrelated reason. Even a "fake" unrelated reasons. There are no clean, simple answers in termination law that favor the employee all the time.

It is perfectly legal for the employer to change your shifts and other conditions of employment unless you have a contract that says that they cannot.

Putting your email address on a public website is a VERY bad idea. If you are lucky, you will only get SPAM'd. I strongly recommend that you edit it out.

I've removed your e-mail address for your own protection. If you saw some of the spam that gets posted in this site, you'd know why. Trust me, you do not want some of these spammers knowing how to contact you.

thank you for deleting my email address

just hoping to get some more replies

you guys are right about not being able to control the schedule, without a contract. the employer hired me, with a certain shift, because they wanted me, but after I am hired, nothing can be done, they are in control I guess

for the over time wages, I dont mind filling, because, its every week that I dont get extra pay, so it adds up, but I dont want to risk loosing my job over some fake reason or goofy reason

what if I continue to work there, and each week I have documented proof of overtime, not getting paid, and then I file a case a few months down the line, would that give me more leverage, because I would have proof of it happening for several weeks?

The only leverage it MIGHT buy you is evidence of a willful intention not to pay the required overtime, rather than just a one-time error. However, you have only 12 months following the violation to file.
http://www.michigan.gov/dleg/0,1607,7-154-27673_27688-39617--,00.html


Obviously, the best timing is within the 12 months, but after you've found another job. But I know that's not easy these days.