Legal Question in Employment Law in Michigan

Generally, no, your boss does not have to pay you for time you did not work. Under the Fair Labor Standards Act and the Michigan Minimum Wage Law, the federal and state statutes that provide employees with the right to minimum wage and overtime, employers are only required to pay employees for time they actual work. An employer can send an hourly employee home early, cancel a shift, or lessen work time in other ways without having to pay for the employee for that time (provided, of course, that the employee really is free to use that time for their own benefit.)

There are some potential circumstances where sending an employee home early without pay could be actionable under laws other than the FLSA and MMWL. For example, if you have a contract with your employer that guarantees you a certain number of hours and your employer did not follow that part of the agreement, you may have an action for breach of contract. Another example would be if your employer sent you home early because of your race, religion, or gender, in violation of Title VII of the Civil Rights Act. A third example would be if your employer sent you home early because you made a complaint about something illegal, such as sexual harassment, as it is illegal for employers to retaliate against employees for engaging in protected activity.

The bottom line is that your employer does not have to pay you for time you did not work, but if you suspect that reason you were sent home is actionable, you should probably talk to an attorney about the details of your specific concern. You can call our offices at 1-800-WAGES-10 for a free consultation regarding this issue.