Legal Question in Employment Law in Michigan

Re: Forced Labor agreement/ overtime violation

The Fair Labor Standards Act governs the overtime laws. In most employment situations, an employer must pay one-and-one-half times the regular rate of pay for each hour worked in excess of 40 hours during a regular 7-day work week. The work week may begin on any day, but it must be consistent. Generally, the employer may not average the hours worked over two or more weeks to avoid paying overtime.

One of several exceptions under the law is allowed for hospitals. Under 29 USC Sec 207(j), a hospital may, under a written agreement with employees, base overtime on a 14-day period, rather than a 7-day period, ". . . if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed."

If the written agreement is consistent with the above provision, then that method of calculation of overtime probably will not violate the law. No law bars an employer from requiring overtime hours nor from requiring employees to work more than 8 hours in a day. An employer may make that a condition of employment or part of a job description.

You should contact an attorney or the U.S. Department of Labor in your area, to discuss the particular facts and circumstances which affect your rights and obligations. This response may not be relied upon as legal advice and it is not intended to be legal advice. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.