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Michigan company using Minnesota labor laws

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  • Michigan company using Minnesota labor laws

    I work in Michigan for a company whose corporate office is in Minnesota, and I am paid hourly. We are paid on the 1st and 15th of each month. I have been told that in order to collect overtime pay I must work more than 96 hours per pay period. This seems oh so wrong to me for two reasons. I thought that overtime pay was based on hours worked per week, not per pay period. I also thought that the labor laws of the state in which you work must be applied, not the laws of the state in which the corporate office resides. I know that in Minnesota a work week is considered 48 hours instead of 40, but that should make no difference in my income because I don't work in Minnesota. Am I correct about this? Or is there some strange loophole in Michigan's labor laws that allow a company to do this?

  • #2
    A workweek is whatever the employer decides it is in both Michigan and Minnesota.

    Employers in MN who are not subject to the Fair Labor Standards Act are required to pay overtime after 48 hours per week, whereas employers in MI who are not subject to the Fair Labor Standards Act are required to pay overtime after 40 hours a week. However, the percentage of employers anywhere in the United States that are not subject to the Fair Labor Standards Act is microscopic, and if your employer has workers in two states it is a 100% guarantee that your employer is subject to it. That means that employees in BOTH Michigan AND Minnesota have to be paid overtime after 40 hours a week.

    You are free to report the violation to the DOL.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Thank you!

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