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View Full Version : Michigan Overtime/break


wheresmyovertime
05-25-2005, 08:05 AM
I've worked for the same company for 4 years now. Restaurant for 1 year and banquet for first 3. Every 6 hours worked 1/2 hour is deducted, for 12 hours 1 hour deducted. This doesn't bother me that much. Sometimes I don't take a break at all because we are to busy and would fall behind on the work. I feel that if I want to work slow or if I have time I will sit down I will to make up for it on way or another. If it were my choice I wouldn't take a break at all and just work straight through to get out a 1/2 hour earlier and get paid for the whole time I'm there. As long as they weren't deducting it from my check. Is this legel?
My main concern is the overitme I work. I have had problems in the past and have let it slide. I have also confronted the employer and been blown off. So it is time for me to take action. I have a decent record of my hours worked and could probably go back throuh and figure what is owed for overitme. I was shorted about 5 hours on my last paycheck and am following company policy at this point in order to file the complaint of missing hours. The total hours I was shorted were around 13 1/2 hours but if you take the break time out it's about 5 hours. The thing is this also happend to other employees and is not the first time. We all feel that they do this intentionally. I would like them to prove that this is an error on my part but they have not approched me yet like they said they would. What is my next step? Are these issues better resolved in the courts or through Labor & Wage Division? Once a complaint is filied will I recieve reimbursement? How long does it usually take to clear this up? What happens if I file this and get fired? Do they look at every company that they own or just the one I currently work in? Do they look at all the other employees? Do I take this to the news and go public?
Thank you

elklaw
05-25-2005, 12:14 PM
You should be able to file a wage claim thru the department of labor. I would go there first because if you have filed an action in court you will likely not be able to pursue the wage claim process thru them. As for being docked for breaks, it is hard to say without knowing the company policy and if the breaks are required by law and the employer is reflecting this in its wage policy and scheduling to ensure compliant with legal or occupational health and safety laws. You should not be fired for pursuing a wage claim thru the state as that would be retaliation. But it would be wise to be prepared to find another job since after that you can be terminated for no reason at all given there is at will employment. I do not know your employer or your record well wnough to know their reaction.

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