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Part time emplyee Michigan

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  • Part time emplyee Michigan

    I am a part time professional. I am responsible for the daily direction of several technicians, but they do not technically report to me, but to my supervisor. Right now we have some difficulties with one of our machines, leaving us only one of two to work with. This has caused work to be left for the next day on several occasions. Now my boss is saying that I have to stay past the time my shift ends to finish the work (without any extra pay) Can my employer require me to work over my weekly hours without pay? I am part time exempt, and they say, "you are salaried, you have to stay"

  • #2
    Unless they have a legally binding and enforceable contract or CBA that says expressly and in so many words that they are to work these hours and no others and that they cannot be required to work any other or additional hours, yes to at least the first part. As far as the law is concerned, any employee, be they full time, part time, hourly paid, salary paid, exempt, non-exempt, can legally be asked to work whatever hours the employer wishes. Nothing in any law, Federal or state in any state, says that the employee cannot be asked to work extra hours or stay past the end of their shift. There are limited, industry specific exceptions to this but they are primarily where there is a public safety factor (think long haul truckers, airline pilots, nurses) or for minors.

    As to whether you have to be paid extra or not, that is determined by your exempt status. Nothing in being part time automatically voids the exemption as long as you meet the floor salary. It is a function of your job duties, not how you are paid or how many hours you work, that determines whether you are exempt. It is not clear whether you are exempt or not. If you are salaried exempt, then there are no circumstances whatsoever under which you are due a single penny beyond your regular salary. If you are salaried non-exempt, you need to look at whether your pay at the end of the week constitutes minimum wage times hours worked. If it does, then the law considers that you have been paid legally. If it does not, then you are owed the difference.
    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.


    • #3
      If you are salaried exempt, your employer does not have to pay you any additional pay over your regular ("fixed") weekly salary no matter how many hours you work.

      If you are salaried non-exempt, you should be paid OT for hrs. worked over 40 in the week. (Mi. has no daily OT rule.) Salaried is just a payment method. Paying someone a salary in no way causes overtime requirements to go away.
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      • #4
        If you are exempt, you are paid to get the job done, not by the hour or amount of time it takes for you to finish the work. It is not at all unusual to ask those who are exempt to ensure that the work is complete before they leave. In fact, that is pretty common. Unless you have a contract guaranteeing certain hours, you can be required to work as many or as few as your employer needs. PT has no meaning in the law.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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