Legal Question in Employment Law in Michigan

Compensation for time worked

I work in a foster home setting. I am not on Salary, but I am full time. My shift runs from 9:30am to 9:30am the next day. I am supposed to get 4 hours off M-Sat. My pay period is 2 weeks and during this time I get 4 days off. My pay rate is $5.70/hr. My employer provides me with a place to live, and also provides food costs when I'm on duty. Obviously, I work overnights and am still responsible for the children during the night. I do not get paid for 8 hours during the night, which my employer labels as sleep time. Should I be getting paid for this?


Asked on 8/21/00, 2:39 am

1 Answer from Attorneys
Martin Scott Law Offices of Martin A. Scott

Re: Compensation for time worked

I do not have a lot of experiece with this sort of issue. However, it seems to me that if you are on duty, you should get paid. If sleeping at your employer's location is for your convenience and you are truely "off" for the eight hours, then calling this "sleep time" makes sense. However, if you are on duty and can be awakened at any time or are supposed to wake up to perform duties for your employer, then it seems to me that this should be paid. You may want to contact the State of Michigan Department of Consumer and Industry Services Wage and Hour Division at (517) 322-1825.

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Answered on 8/22/00, 10:42 am


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