As a Michigan hourly employee, your employee must pay you overtime pay when you work over 40 hours. Some employers may skirt the regulations because they misclassified your work time or failed to include it at all.

Your employer must pay you the right amount for any work performed.

Defining employee workdays

The Wage and Hour Division of the US Department of Labor states that a workday may “be longer than the employee’s scheduled shift, hours, a tour of duty, or production line time.” When you work over the regularly scheduled time, you should receive pay their regular pay rate plus one-half times that for those extra hours.

The workday focuses on work performed from the start of the activity until the end of that activity. These activities can occur at a prescribed place of work, the premises of the employer, or when you are on duty.

Working hour inclusions

Included in your regular workday are times you continue to work such as eating lunch while answering the phone. You are working and your employer should pay you. While employers generally do not pay you for your lunch break, you must also not have any work-related duties during that time to not receive compensation.

In addition to working through lunch, 20-minute rest periods are common during the workday and receive payment. Plus, you may qualify for pay anytime your employer asks you to remain “on call” and some occasions considered “waiting time.” These additional workday inclusions often yield gray areas where an employer may not want to compensate you for work performed.