Employers are expected to follow federal and state employment laws, yet violations occur in workplaces across the country. Some infractions are unintentional, the result of misinterpretation or oversight. Others are deliberate attempts to cut costs at the expense of employees. Regardless of intent, employment law violations can have significant financial and professional consequences for workers.
One of the most frequent violations involves wage and hour laws—issues related to overtime pay, minimum wage, and off-the-clock work. These violations can be subtle, making it difficult for employees to recognize when they are not receiving the pay they are legally owed.
Wage and Hour Violations
Wage and hour violations take several forms. Employers may improperly classify employees as exempt from overtime, pay less than the required minimum wage, or expect employees to work outside their paid hours.
Overtime Violations
The Fair Labor Standards Act (FLSA) and Michigan law require employers to pay non-exempt employees 1.5 times their regular rate for any hours worked beyond 40 in a workweek. Employers may attempt to avoid paying overtime by misclassifying employees as exempt or requiring them to work off the clock.
Minimum Wage Violations
Employers must pay at least the federal or state-mandated minimum wage, whichever is higher. In Michigan, the state minimum wage is subject to change based on legislative updates and inflation adjustments. Some employers attempt to bypass this requirement by deducting costs from employees’ paychecks or misreporting wages.
Off-the-Clock Work
Employees should be paid for all time spent performing job-related tasks. If an employer requires workers to complete duties before clocking in or after clocking out—such as preparing a workstation, cleaning equipment, or responding to emails—they may be violating wage and hour laws.
What to Do If an Employer Violates Employment Laws
Addressing an employment law violation requires swift and informed action. Employees should document incidents, review their legal rights, and consider whether to approach their employer before filing a formal complaint.
Keep Detailed Records
Maintaining clear documentation is essential in wage disputes and other employment law claims. Employees should retain copies of:
- Pay stubs
- Work schedules
- Emails, text messages, or other written communications related to wages or job duties
- Notes detailing conversations about pay, hours worked, or other concerns
Understand Federal and State Protections
Employment laws vary based on jurisdiction. The FLSA sets federal wage and hour standards, while Michigan law provides additional protections, including anti-discrimination regulations under the Elliott-Larsen Civil Rights Act. Workers can review guidance from agencies such as the Michigan Department of Labor and Economic Opportunity (LEO) and the Michigan Department of Civil Rights (MDCR).
Approach the Employer—If It Is Safe to Do So
In some cases, discussing the issue with an employer may resolve it without further action. Some violations stem from misunderstandings rather than intentional wrongdoing. However, if an employee fears retaliation or has already experienced adverse treatment after raising concerns, seeking legal counsel before approaching the employer is advisable. Keep in mind that retaliation is a separate cause of action, and that you can be protected under the law just for coming forward to report your belief that you have suffered discrimination.
File a Complaint with the Appropriate Agency
Employees who experience wage and hour violations can submit a complaint to the Wage and Hour Division of Michigan’s LEO. Discrimination and harassment complaints can be filed with the MDCR or the Equal Employment Opportunity Commission (EEOC). Workplace safety concerns fall under the jurisdiction of the Michigan Occupational Safety and Health Administration (MIOSHA).
Consider Legal Representation
Employment law violations can have lasting consequences, including financial losses and career setbacks. Seeking legal counsel can help employees assess their rights, file claims within deadlines, and pursue compensation when applicable. If you believe your employer has violated employment laws, contact Carla D. Aikens, P.L.C. at (844) 835-2993 for guidance.
Carla D. Aikens, P.L.C.
