Wage Theft in Michigan: Overtime, Off-the-Clock Work & Retaliation

You’re staying late to finish the job, skipping lunch to meet deadlines, and answering work texts after hours—but your paycheck doesn’t reflect it.

That’s not dedication being rewarded; that’s wage theft.

In plain English, wage theft happens when your employer fails to pay you every dollar you’ve earned. It can take many forms—missing overtime pay, being asked to “clock out and finish up,” or being misclassified as “salary” when you should be earning hourly overtime. No matter how it’s disguised, it’s illegal.

And it’s far more common than most workers realize. Across Michigan, wage theft affects hourly and salaried employees alike, from factory floors in Flint and warehouses in Detroit to offices, hospitals, and tech startups statewide. It’s a quiet epidemic that drains millions of dollars from hardworking employees every year.

At Batey Law Firm, we see wage theft for what it is: a violation of your trust and your rights. Whether it’s unpaid overtime, off-the-clock work, or retaliation after speaking up, we help Michigan workers recover what they’ve earned—and hold employers accountable when they cross the line.

What Counts as Wage Theft in Michigan

Wage theft isn’t limited to an employer refusing to issue your paycheck—it’s any situation where you’re not paid the full amount required by law. That includes unpaid overtime, missed breaks, unpaid commissions or bonuses, and even “off-the-clock” work that your employer expects but doesn’t record.

Under both Michigan’s Workforce Opportunity Wage Act (WOWA) and the federal Fair Labor Standards Act (FLSA), it’s illegal for employers to withhold wages, deny overtime pay, or misclassify employees to avoid paying fairly. These laws are designed to protect every worker—hourly, salaried, or contract—from being taken advantage of.

Common Forms of Wage Theft

Wage theft can take many shapes, but a few patterns show up again and again in Michigan workplaces:

• Not paying overtime: You work more than 40 hours a week but don’t get time-and-a-half pay.
• Forcing or allowing off-the-clock work: You’re asked to prep, clean, or log in early—but can’t record the time.
• Misclassifying employees: You’re labeled an “independent contractor” or “salaried exempt” to avoid overtime or benefits.
• Paying less than minimum wage: Your hourly rate or take-home pay falls below the legal minimum.
• Withholding earned pay: You’re denied your final paycheck, commissions, or tips after leaving the company.

Who’s Most at Risk

Wage theft doesn’t discriminate—it hits across industries and income levels. Still, some groups are more vulnerable than others:

• Hourly workers in retail, healthcare, hospitality, and construction, who rely on timecards and variable schedules.
• Salaried employees who are pressured to work 50–60 hours a week but told they’re “not eligible” for overtime.
• Remote workers and managers who handle after-hours calls, emails, or projects that go untracked and unpaid.

Overtime Violations

Michigan and Federal Overtime Rules

Under both the Fair Labor Standards Act (FLSA) and Michigan’s Workforce Opportunity Wage Act (WOWA), employees who work more than 40 hours in a single workweek must be paid 1.5 times their regular rate of pay for every extra hour.

Only certain workers qualify as “exempt” from overtime—specifically, executives, professionals, and some administrative employees who meet strict salary and duty tests. Simply calling someone a “manager” or paying them a salary doesn’t automatically make them exempt. What matters is what you actually do, not what your title says.

Common Employer Tricks

Employers use a variety of tactics to avoid paying overtime. Here are some of the most common:

• Mislabeling workers as “exempt” or “managers.” You might be salaried but still eligible for overtime if your job duties are the same as hourly staff.
• Offering “comp time” instead of overtime. Private-sector employers can’t legally offer time off later in place of overtime pay.
• Pressuring employees not to record extra hours. Supervisors might say, “Just finish it off the clock” or “Don’t put that time in.” That’s illegal.

Red Flags

You may be a victim of unpaid overtime if:

• Your job title doesn’t match your actual duties.
• You consistently work long weeks with no overtime reflected on your paycheck.
• You’ve been told, “We don’t pay overtime here” or “You’re on salary, so it’s included.”

At Batey Law Firm, we’ve handled countless cases like this—where a misleading title or salary classification hides thousands in unpaid wages. We know the difference between legitimate exemption and exploitation, and we fight to make sure your paycheck reflects your real hours, not your employer’s creative bookkeeping.

Off-the-Clock Work

What Counts as “Work”

Under Michigan and federal law, any time spent performing job duties that benefit your employer counts as work—even if you’re not officially clocked in.

Common examples include:

• Setting up or shutting down equipment before or after your shift.
• Answering emails or messages from home.
• Preparing work materials or attending meetings off the clock.
• Waiting for assignments or being “on call” at the job site.

If it benefits your employer and you’re expected or allowed to do it, that’s compensable work time.

Why It Happens

Off-the-clock work often creeps in gradually. Employers may claim it’s about teamwork or efficiency, but the real motive is cost-cutting. Common scenarios include:

• “Team spirit” pressure to help out before clocking in or after punching out.
• Rigid timekeeping systems that penalize clocking in early or late, forcing employees to work without pay.
• Supervisors editing timecards to make it appear you didn’t work as long as you did.

How to Prove It

If you suspect off-the-clock work, start building your case:

• Save emails, texts, or call logs showing after-hours communication or work requests.
• Keep a personal log of all hours worked, including before and after shifts, and what you were doing.
• Compare your pay stubs and timecards to your real work schedule—discrepancies can be powerful evidence.

At Batey Law Firm, we help employees gather and organize this proof to build strong claims. We’ve seen employers delete time records, alter schedules, and deny off-the-clock expectations—but the truth leaves a trail. We know how to find it.

Retaliation After Reporting Wage Theft

Protected Activity

If you’ve reported wage theft—whether to your employer, the U.S. Department of Labor’s Wage and Hour Division (WHD), or the Michigan Department of Labor—you’ve engaged in what’s called a protected activity.
That means the law shields you from any form of punishment for asserting your legal rights.

It doesn’t matter whether your complaint was formal or informal, or whether it turned out to be 100% accurate. What matters is that you made it in good faith, believing your wages were being withheld or your overtime denied.

Forms of Retaliation

Retaliation isn’t always as obvious as being fired the next day. More often, it starts subtly—small changes that send a clear message. Examples include:

• Reduced hours or pay cuts after you file a complaint.
• Demotions or loss of supervisory responsibilities.
• Unfair write-ups or “sudden performance issues.”
• Harassment, isolation, or exclusion from meetings or communications.
• Termination or forced resignation, known as constructive discharge.

Legal Protection

Both the Fair Labor Standards Act (FLSA) and Michigan’s Whistleblower Protection Act (WPA) make it illegal for employers to retaliate against employees who assert their wage rights.

These laws protect you from any adverse action connected to your report, whether you complained to HR, filed with the WHD, or participated in an investigation. Retaliation can lead to separate damages on top of unpaid wages—including lost income, emotional distress, and attorney’s fees.

At Batey Law, we often see retaliation claims transform a straightforward wage case into a powerful leverage point. When an employer crosses that line, the case isn’t just about back pay anymore—it’s about accountability.

Every Hour Counts. So Does Every Dollar.

If you’re working overtime without pay, clocking out early but still working, or facing retaliation for reporting it, you’re a victim of wage theft—and you’re not alone. Both Michigan and federal law protect your right to fair pay and your right to speak up without fear.

Your time has value. Your effort deserves respect. And when your employer violates those principles, you have the power—and the law—on your side.

The longer you wait, the harder it becomes to recover lost wages. Time limits apply, and crucial evidence can disappear fast. Before you sign anything or walk away, talk to an attorney who understands both the numbers and the law.

At Batey Law, we’ve helped Michigan workers reclaim millions in unpaid wages and penalties. We don’t let employers hide behind titles, loopholes, or intimidation—we make them pay for every stolen hour.

Contact Batey Law Firm, PLLC today for a confidential consultation.
📍 30200 Telegraph Rd., Suite 400, Bingham Farms, MI 48025
📞 248-540-6800

🌐 www.bateylaw.com

Batey Law is Employment Law.