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Comp Time in Michigan

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  • Comp Time in Michigan

    I am confused about my rights when it comes to comp time and my contract. Below is how my contract reads. Based on my contract it looks like I should be paid on an hourly basis though my supervisor has recently said this is a salaried position. I have been working here for over 6. I work on average anywhere between 42.5 and 45 hours per week. I have been getting paid for 80 hours bi-weekly. Based on my contract outlined below I believe I should be getting paid for 8.5 hours per day and am only getting 8 hours. I am being told all of a sudden that this is a salary position. Based on my contract below it states nowhere that I am salaried that in fact I am hourly and should be paid 8.5 hours with a .50 paid lunch. Now I am not always able to take a lunch break because coverage is not always available. I have kept a running log of my hours from the first day I started and have been calculating the hours that I have worked but not gotten paid for. I am up to nearly 45 hours. I recently requested some time off and wanted to use this time that I have and am being told that I am salaried. I feel that it is unfair to put me on a 8.5 hour schedule telling me that I get a .5 hour paid lunch and only get paid for 8 hours a day. There are a lot of evenings that I work anywhere from 15 minutes to 45 minutes extra that I have included in my comp time figure. Please advise me of what my rights are so that I can take proper action if any to have my employer compensate me based on my contract.

    Schedule: Employee will work at the specified location during the hours detailed below, and will check in and out with the company according to protocol set forth by company. If employee is late or absent without pre-approval from company, employee may forfeit any or all of one days prorated wages, in addition to appropriate paid time (PTO) being deducted from employees PTO allowance, at companies discretion. Employee will be granted a paid lunch break for 30 minutes between the hours of 2 and 4 pm provided adequate coverage is available during this time. No overtime pay will be earned by working more than the prescribed hours, though occasionally working alternate hours may be required.

    Work Hours: Monday 12:30 pm to 9:00 pm, Tuesday 12:30 pm to 9:00 pm Wednesday 12:30 pm to 9:00 pm Thursday 12:30 pm to 9:00 pm Saturday 9:30 am to 6:00 pm.

    Terms of Compensation: In exchange for the services performed, employee will receive a paycheck every other Friday for theprevious two weeks. Company agrees to pay employee based on the guidelines outlined below:

    $XX.XX per hour in base pay

  • #2
    If you are nonexempt, you may be paid on a salaried basis or an hourly basis. What exactly do you do? This will help us determine how to answer the rest of your questions.

    Is this an employment contract with the company, or are you working through a staffing agency assigned to this company? If you work for the company directly, is it a governmental entity?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Comp time in Michigan

      I work for a local music academy as an Assistant Academy Directory. When I was hired I was told that I would be paid $11 per hour and that this was an hourly position and that they did not pay overtime. There have been times that I was scheduled for more than my contract time and was paid strait pay for any hours over 40 that I worked. Based on my contract though it looks like I should be paid 42.5 hours per week and am only getting 40 hours a week. This is an employment contract with the company and not a staffing agency nor is it government.

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      • #4
        You may very well meet the qualifications for exempt status, but that doesn't mean that the employer must treat you as exempt. If the contract says hourly, you are not exempt.

        I suggest having the contract reviewed by a local attorney versed in employment law. The problem I'm seeing is what your contract says and how they have, in fact, been paying you.

        Just as an FYI, comp time is not allowed in lieu of overtime pay for nonexempt employees unless the employer is a government entity.

        Also, Michigan law does not require meal periods of any type for adult employees. But if the contract says you get a paid meal period, AND it ends up that the contract stating you are paid hourly holds up, then you would probably be owed that money. However, if you are not actually working during that paid meal period, it does not have to be counted as hours worked when determining overtime hours.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

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