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Tipped Employee Overtime Wage Michigan

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anonymous666

Junior Member
In Michigan tipped employees must be paid at least $8.15 per hour for overtime. I was being paid $5.00 per hour, and correctly being paid $8.15 for overtime. However, I recently received a raise, and am now making $6.00 per hour. I would like to know if my employer has to pay me time-and-half ($9.00) per hour for overtime, or if they can continue to pay $8.15?
 


justalayman

Senior Member
Actually the minimum wage is currently $9.25 as of Jan 1 of 2018. The employer is required to pay you at least $3.52 per hour with up to $5.73 applies as a tip credit. If you earn less than $5.73 per hour in tips (average over the pay period) the employer must make up the difference.

Overtime pay law, as far as I can find, does apply. That would mean you would have to have an aggregate income from hourly pay and tips to equal to $13.86. The tip credit doesn’t increase so that means the minimum paid wage is $8.15/ hour BUT that is based on the the minimum wage rates. The law requires you be paid 1/2 times YOUR wage. In your situation that would mean they must pay you at least $9.00/ hour.



Of course that is if your are not exempted from the overtime requirement. There are jobs that are exempt that could also fall under the tipped employee wage laws.


https://www.michigan.gov/documents/cis/MW_InfoSheet_Tipped_ee_9_25_06_173903_7.pdf
 

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