Wage & Overtime Lawyer — Metro Detroit

Wage theft and unpaid overtime are some of the most common—and costly—violations Michigan workers face. Under both Michigan law and the federal Fair Labor Standards Act (FLSA), employees are entitled to proper minimum wage, overtime pay, accurate timekeeping, and wages paid on time. When employers cut hours on paper, misclassify workers, steal tips, or refuse to pay overtime, they are breaking the law.

Behind every wage dispute is a power imbalance. Employers control schedules, job titles, payroll systems, and access to HR. Workers fear retaliation, hours cuts, or termination if they question their pay. That’s why early legal intervention is critical—not only to recover lost wages, but also to protect you from retaliation and secure evidence before employers attempt to conceal it.

Attorney Scott Batey helps Metro Detroit employees reclaim the pay they’re owed and holds employers accountable for wage theft, misclassification, and exploitation.

Understanding Your Right to Proper Pay in Michigan

Minimum Wage Requirements

Michigan’s minimum wage is often higher than the federal minimum wage—but many employers still violate it through:

• Incorrect pay rates
• Tip credit abuse
• Unlawful deductions that drop pay below legal minimum

Overtime Requirements

Under Michigan and federal law, most employees must be paid time-and-a-half for all hours worked over 40 in a week.

Many employers illegally avoid paying overtime by:

• Calling employees “salary” even though salary alone does not make someone exempt
• Giving inflated titles like “manager” without managerial authority
• Failing to count work done before or after shifts
• Ignoring overtime that the employer “didn’t authorize” (which is still payable by law)

Common Forms of Wage Theft

Off-the-Clock Work

Employers often require unpaid tasks such as:

• Prepping workstations before clocking in
• Staying late to close, clean, or organize
• Mandatory meetings or training not recorded on timesheets
• “Volunteering” extra time to finish tasks

Misclassification as “Exempt”

Many Metro Detroit workers are wrongly labeled:

• “Managers”
• “Supervisors”
• “Professionals”
• “Salaried employees”

Unpaid Overtime

This includes:

• Employers “capping” recorded hours at 40
• Requiring employees to finish tasks off the clock
• Paying straight time instead of time-and-a-half
• Removing overtime hours from timesheets

Tip Theft & Service-Charge Misuse

Metro Detroit restaurants frequently violate tip laws through:

• Illegal tip pooling
• Managers taking employee tips
• Adding “service charges” and keeping the money
• Not making up the difference when tips fall short of minimum wage

Meal & Rest Break Violations

Common issues include:

• Automatically deducting 30-minute breaks employees never took
• Requiring workers to answer phones during unpaid breaks
• Interrupting breaks but still deducting pay

Illegal Deductions

Michigan law prohibits employers from deducting:

• Uniform costs
• Register shortages
• Equipment damage
• Customer walkouts
• Training costs

Failure to Pay Final Wages

Employers often:

• Delay final paychecks
• Refuse to pay earned PTO or commissions
• Withhold pay after termination
• Claim payroll “processing delays”

Overtime Exemptions: What Michigan Employees Should Know

Executive Exemptions

To qualify as an exempt “executive,” an employee must:

• Regularly manage the business or a recognized department
• Supervise at least two full-time employees
• Have meaningful authority over hiring, firing, discipline, or scheduling

Metro Detroit employers frequently mislabel employees as “shift leads” or “supervisors” when they have no real management authority, making them entitled to overtime.

Administrative Exemptions

This exemption applies only when employees:

• Perform high-level office or non-manual work
• Exercise real independent judgment
• Make decisions that significantly impact the business

Many workers in offices, call centers, healthcare administration, and retail are misclassified because employers rely on job titles, not legal duties. Simply performing clerical or support tasks does not make someone exempt.

Professional Exemptions

True professional exemptions apply to:

• Licensed professionals (lawyers, doctors, CPAs, engineers)
• Employees whose primary duties require advanced academic training

General office staff, technicians, designers, analysts, and assistants are not exempt unless they meet very specific criteria.

Highly Compensated Employees

Michigan employees making above certain salary thresholds may fall under a “highly compensated” exemption—but only if they:

• Perform at least one exempt duty
• Exercise higher-level judgment and responsibility

Corporate employers in Metro Detroit often misuse this exemption for employees who are well-paid but still perform non-exempt, hands-on work, making them entitled to overtime pay.

Why Misclassification Is Rampant

Employers frequently misclassify workers because:

• Job titles like “manager,” “coordinator,” or “lead” sound exempt
• Salaried roles are easier for employers to control and cap
• Written job descriptions do not match real duties
• Employers know employees often fear retaliation for questioning pay

A legal review of your job duties—not your job title—is often all it takes to uncover significant unpaid overtime.

Evidence That Strengthens a Wage or Overtime Claim

Timesheets, Schedules, and Time Clock Records

These documents help establish:

• Actual hours worked
• Hours your employer attempted to modify, delete, or cap

Pay Stubs and Payroll Documentation

Pay stubs can reveal:

• Missing overtime
• Incorrect pay rates
• Unlawful deductions
• Wage discrepancies
• Tip credit misuse

Texts, Emails, and Messages About Hours or Work Instructions

Digital messages are often the most compelling evidence of:

• Off-the-clock work instructions
• Pressure to underreport hours
• Expectations to work after clocking out
• Overtime denial

Witness Testimony from Coworkers

Coworkers can confirm:

• Shared overtime violations
• Group pressure to work off the clock
• Widespread misclassification
• Retaliation against employees who questioned pay

Work Logs or Personal Records Kept by the Employee

Your notes, calendars, or digital logs can be used to reconstruct hours and compare them to employer records—especially when an employer’s records are incomplete or altered.

Employer Policies, Handbooks, and Job Descriptions

These documents can prove:

• Your job duties do not match your exempt classification
• Employer knowledge of wage laws
• Policy inconsistencies that strengthen your case

How Batey Law Investigates Wage & Overtime Claims

Listening to Your Work History and Pay Concerns

Your case begins with a confidential, in-depth discussion of:

• Your job duties and daily responsibilities
• How your hours were tracked—or not tracked
• Your pay structure, including bonuses, tips, or commissions
• How your employer enforced schedules, breaks, and overtime rules

Understanding the full picture is essential to identifying violations and determining whether you were misclassified or underpaid.

Reviewing Pay Records and Job Responsibilities

Scott conducts a detailed review of:

• Payroll records
• Job descriptions
• Timecards and scheduling systems
• Emails or messages assigning work

This helps determine:

• Whether you should have been paid overtime
• Whether your “exempt” status was legal
• Whether your employer’s policies align with Michigan and federal wage laws

Many Metro Detroit wage cases turn on the difference between job title and job reality.

Calculating Unpaid Wages and Overtime

When employers fail to keep accurate records—which is itself a violation—Scott helps reconstruct work hours through:

• Pay stubs
• Timesheets
• Employee logs
• Witness testimony
• Digital timestamps or access records

He then calculates:

• Back wages owed
• Overtime pay (time-and-a-half)
• Liquidated damages, which can double the amount owed under federal law
• Additional damages or penalties available under Michigan law

This financial analysis often reveals substantial unpaid compensation.

Identifying Employer Liability

To determine the strength of your claim, Scott evaluates whether:

• Your employer knowingly violated wage laws (willful misconduct)
• Wage theft was a companywide practice
• Other employees experienced similar violations
• You faced retaliation for questioning your pay

Willful or widespread violations significantly increase potential damages.

Preparing for Settlement or Litigation

Once evidence is gathered, Batey Law prepares your case for the strongest possible outcome. This includes:

• Presenting a compelling demand supported by evidence
• Negotiating back pay, future pay, damages, and attorney fees
• Communicating with the employer or their legal counsel
• Filing suit when necessary to hold the employer accountable

Many cases resolve through negotiation, but Scott is always prepared to litigate if the employer refuses to do what is right.

Fight Back Against Wage Theft in Metro Detroit

Wage theft and unpaid overtime are not minor issues—they are direct violations of your legal rights and a serious threat to your financial stability. Employers in Metro Detroit are legally required to pay workers fairly, track hours accurately, and comply with both Michigan and federal wage laws. When they fail to do so, they must be held accountable.

Attorney Scott Batey is ready to step in, expose unlawful pay practices, and recover every dollar you are owed. Whether your employer misclassified you, forced you to work off the clock, denied overtime, or retaliated when you spoke up, you have powerful rights—and Batey Law Firm is prepared to protect them.

With decades of experience in Michigan employment law and a reputation for strong, effective advocacy, Scott Batey fights for workers who have been underpaid, silenced, or taken advantage of. You deserve fair pay for every hour you worked, and the law is on your side.

Contact Batey Law Firm, PLLC

Attorney Scott Batey
30200 Telegraph Rd., Suite 400
Bingham Farms, MI 48025

Phone: 248-540-6800
Email: sbatey@bateylaw.com
Website: www.bateylaw.com