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Yoder (ABC Heating and Supply)10.26

Section 29(1)(a)

VOLUNTARY LEAVING, Compensation, Failure to pay overtime, Underpayment of wages, Wage and hour statute

CITE AS: Yoder (ABC Heating and Supply), 1980 BR 62185 (B78 07654).

Appeal pending: No

Claimant: David Yoder

Employer: ABC Heating and Supply

Docket No: B78 07654 62185

BOARD OF REVIEW HOLDING: Where a wage and hour statute requires payment of time and a half for hours in excess of 40 hours per week, failure to pay that rate is good cause for voluntary leaving.

FACTS: "One of the reasons given by claimant for quitting his job was that he was not receiving time and one-half pay for his overtime work.

"Mr. Smith, representative of the employer, reviewed his records at the hearing and admitted that he owed the claimant additional money. He stated that the claimant did work over- time hours and did not receive time and one-half and that he would see to it that the claimant received his money."

DECISION: The claimant is not disqualified for voluntary leaving.

RATIONALE: The Board adopted the decision of the Referee, who held: "Michigan law generally provides that employers who have four or more employees over the age of 18 are required to pay time and one-half for hours in excess of 40 hours. Since in the instant case, the employer did not pay the claimant according to the State law, the claimant did have a good cause attributable to the employer for quitting his job and he is not disqualified for benefits under Section 29(1)(a) of the Act."


7, 14, d15:NA

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