Guiding Workers And Small Businesses Through Employment Law Questions

Ann Arbor Wage And Hour Claim Attorney Fighting To Recover Your Earned Pay

You work hard for your paycheck and you deserve to be paid every cent you are owed. Unfortunately, payroll errors and intentional wage theft are common issues that can strip workers of their livelihood.

At Emily Tyler Law, I help Michigan workers hold companies accountable for failing to meet their wage obligations. With nearly 20 years of experience in employment law, I know the tactics businesses use to avoid paying all of the wages workers are due. I use this insight to build a strong wage and hour claim before the state or federal government. A successful wage and hour claim could result in back pay and, in some cases, additional damages.

Identifying Common Ways Employers Underpay Employees

Wage theft is not always a missing paycheck. It often happens in small increments that add up over time. In Michigan, you may have a legal claim for unpaid wages if your employer engages in:

  • Off-the-clock work: Requiring you to answer emails, prepare workstations or attend meetings before or after your official shift without pay
  • Unpaid overtime/misclassification: Failing to pay time-and-a-half for hours worked beyond 40 in a single week, often by misclassifying an employee as exempt from overtime
  • Meal and rest break issues: Failing to allow appropriate breaks or deducting time for breaks you were too busy to actually take
  • Tipped wage violations: Failing to ensure your total hourly pay, after tips are factored in, adds up to the minimum wage

Recognizing these patterns is the first step toward stopping the loss of your hard-earned income.

Addressing Exempt Employee And Independent Contractor Misclassification

One of the most frequent ways employers avoid paying benefits and overtime is through misclassification. Sometimes, employers attempt to use independent contractors instead of hiring employees. If they can legally classify you as an independent contractor rather than an employee, they can sidestep wage laws. However, this classification is not always correct. If you are doing the same work as employees – or if the company controls when, where and how you work – you may legally be an employee.

Another form of misclassification is to claim you are exempt from overtime because you are salaried. By law, there are only limited situations when an employee is exempt from overtime. However, all too many employers make the mistake of classifying ordinary salaried employees as exempt. If your paycheck reads “EXEMPT,” reach out for a free consultation. You may be misclassified and therefore due overtime pay.

Recovering Your Pay And Filing Timelines

Wage and hour law sometimes allows you to look backward to recover significant funds. Generally, you can recover unpaid compensation for up to three years prior to the date you file your claim.

If several coworkers are facing the same pay issues, we may pursue a class or collective action. This allows a group of employees to join together, increasing the leverage against a large corporation and sharing the resources needed to prove the case.

Acting quickly is vital, as every day you wait could result in another day of lost wages falling outside the recovery window.

Secure The Compensation You Earned

You do not have to accept payroll mistakes, misclassification or wage theft as the cost of having your job. I provide the strategic counsel and direct communication needed to challenge even the most complex corporate pay structures.

Call me at 888-610-8317 today or submit my online form to schedule your free consultation. Let’s work together to recover your pay and protect your rights.