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John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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I am a contract engineer. My contract employer gets paid by

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I am a contract engineer. My contract employer gets paid by an interim agency who charges GM for my time- times the hourly rate I agreed to. GM then pays the interim agency who then in turn pays the next tier agencies. Then I get paid, every other week.

I fill out an electronic time sheet which is addressed to the interim agency. For the Labor Day week, we were off Monday, Labor day. I worked 42 hours , Tuesday through Saturday.

The only way the electronic time sheet would accept my input was that I had to fill it out stating 32 regular hours and 10 hours OT. That was the amount GM was billed for my services that week.

My contract agency is refusing to pay me 10 hours OT indicating that I am only owed 2 hours OT and 40 hours straight rate based on Michigan law.

Am I entitled to 10 hours OT? If not, the agency I work for will pocket the difference.

The gross difference between 32 straight hrs and 10 OT hours vs 40 straight hrs and 2 OT hrs is $ 160.
Hi, thanks for submitting your question today. Unless you have an agreement with your agency that you get paid overtime every time the agency charges the same to GM, then you would not be owed the 10 hours of overtime; only 2. In other words, there are no laws that would require you get paid overtime absent your working in excess of 40 hours in a workweek and, even then, the law only requires time and a half for hours worked in excess of 40 per work week. It is this way both under Michigan and federal wage law.

GM appears to be overcharged for your services, but that's not your cause of action. Unless you have a contract to be paid overtime whenever GM pays the same, then you'd have no legal right to the total 10 hours overtime; just two.

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