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Regardless of the reason, what happens when you are owed wages for work completed and your employer fails to meet its payment obligations?
Your problem may not be as black or white as a payroll error. You may be the victim of a much larger issue. For example, perhaps you have been working more than 40 hours a week at an hourly or salary rate, and you have wrongly been informed that your position does not offer overtime pay. Is your company failing to pay you according to the correct employee classification? Were you expecting a company bonus and your payment was wrongfully denied? Are improper deductions being taken out of your paycheck? Are you improperly required to “tip out” other employees? Are you illegally paid a waiter/waitress hourly rate of pay while performing non-tipped duties?
Small, routine tasks can add up to unpaid time that should be on your paycheck. Many employers based in Royal Oak, MI, and the rest of Metro Detroit structure the workday so their employees’ key duties fall just outside recorded hours. Both federal and Michigan law require payment for all hours you are “suffered or permitted” to work. That includes tasks your supervisor knows about or expects you to complete. If the job can’t be done without those tasks, the time is compensable — and an attorney from our law firm can help you recover what you’re owed.
Here are some common traps that can lead to wage and hour claims:
If you’re required to prepare for your shift before clocking in, that time must be paid. Courts treat these tasks as part of the workday when they’re necessary to perform your job. They might include:
Employers sometimes label these minutes as “voluntary” or “preliminary,” but that doesn’t matter. What matters is whether the task is required and related to your job duties. If you can’t do your job without completing it, you should be paid. Our wage and hour lawyers can review your case and explain whether you have a claim.
Large facilities often require bag checks and health screenings at either end of a shift. Time spent waiting in those lines can be compensable, as long as the activity is “integral and indispensable” to your work. Many jobs make these checks mandatory conditions of entry.
If you must arrive early to clear security and can’t perform your job otherwise, that time might count toward your working hours. The analysis hinges on whether the screening is closely connected to your job and mandated by your employer.
A true meal period must be uninterrupted and free from duty. However, many employers require you to:
That means the break likely isn’t a true break, and therefore, you should be paid. Frequent interruptions can also convert an “unpaid” lunch into compensable time.
Royal Oak and Metro Detroit employers might auto-deduct 30 minutes from your timecard each day. If your actual work conditions don’t allow a real break, those deductions can violate wage laws. You’re entitled to compensation for any time you spend primarily for the employer’s benefit, even if they call it a break. An attorney from our law firm can help you determine if your meal breaks run afoul of the law and what your options may be.
Work doesn’t stop when your shift ends if your supervisor expects responses. Reading and replying to work communications after hours counts as time worked under the Fair Labor Standards Act. Short bursts add up over a week and can push your total hours over 40, which should trigger overtime.
Employers sometimes call this “de minimis” time, but regular, recurring off-the-clock work is not trivial. If the expectation is ongoing, those minutes should be tracked and paid.
A wage and hour claim is about recovering the full value of your time, not merely the wages that were obviously missing from your paycheck. Our law firm can help you pursue multiple forms of compensation when your employer fails to pay you properly. The total recovery depends on multiple factors, including your hours and pay structure, but many claims involve more than one category of damages. You may be entitled to:
It’s important to act fast. Most claims look back two years, but that period can extend to three years if the employer’s conduct was willful. Small amounts of unpaid time — like a few minutes before or after each shift — can add up to a big sum over that full period. Contact our lawyers today to find out whether you have a claim and what you’re most likely to recover.
Fagan McManus, P.C., is ready to assist you with your wage and hour claims. Call our Detroit office today at 248-542-6300, or email us to discuss your case.
