Is it illegal for an employer to refuse to pay you overtime?

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  1. brittanytodd profile image88
    brittanytoddposted 11 years ago

    Is it illegal for an employer to refuse to pay you overtime?

    If an employer says that they "don't do overtime" and refuse to pay you for the time that they made you stay late at work, are you able to get that pay at a later date if you have proof?

  2. profile image0
    Larry Wallposted 11 years ago

    There are a lot of cases where employees can refuse overtime. If you are on salary and you are expected to work 40 hours, you might end up working more, depending on if your salary, when divided by 40 hours and the you can work 10 hours of overtime, with none of the hours falling belong minimum wage.

    Now when I worked at my second newspaper, I received an weekly salary for being managing editor (with no one to manage), but the Wage and Hour people said when I did work in the back of the building, pasting up pages, helping with the press work, I had to be paid an hourly rate, since I was in effect holding two jobs.

    Some places get by with giving comp time. That works for salary workers for not hourly workers.

    It has been a while since I have been in that situation, so the laws have probably changed. Might be good to check with the IRS or your state tax office.

    1. brittanytodd profile image88
      brittanytoddposted 11 years agoin reply to this

      Thank you, Larry.  I was being paid hourly and was constantly asked to (or persuaded to) stay late and then when I got my paycheck, they declined my overtime even though I had clocked in and out with the puncher.  I will definitely take your advice.

    2. profile image0
      Larry Wallposted 11 years agoin reply to this

      Go to your supervisor with the assumption that some mistake had been made and bookeeping apparently forgot to figure your overtime. If they refuse to make any changes, that is when you start asking questions, but nicely. A bad job is still a job.

    3. brittanytodd profile image88
      brittanytoddposted 11 years agoin reply to this

      I actually quit that job and have got a new one lined up (that pays much better and is reliable).  Do you think there is anything to do about it now?  Thanks again for all of your help!

    4. profile image0
      Larry Wallposted 11 years agoin reply to this

      Probably not unless you wanted to go to court. You could file a complaint with the wage and hour people in the U.S. Department of Labor that would put the person on notice. Might get you something. I do not know how much paperwork is involved.


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