About Us

My Employer Won’t Pay Me for Overtime Worked. What Should I Do?

What happens when your employer won’t pay you for the overtime you worked? Unfortunately, this happens a lot. Because overtime pay is often separate from your regular wages, your employer may try to avoid paying you at all.

Underpaying employees is how many businesses save money and increase profits. This impacts all employees, not just employees making minimum wage. All too often, people are afraid to stand up to their employers to receive the unpaid wages they have earned.

My Employer Won’t Pay Me for Overtime Worked. What Should I Do?

Employees must routinely work overtime in some workplaces and businesses. Many employees are aware of when they must work constant overtime. Employees may have a difficult time determine if the employer is paying all overtime due because they are busy working, many paychecks are now digital, and employers intentionally make paychecks confusing.

Some employees are legally exempt from receiving overtime. However, employees who are legally exempt and do not legally earn overtime are very small. Employers use all kinds of excuses to not pay their employees overtime including working them off the clock and telling them they are exempt from overtime when they are legally not exempt.

Another common illegal practice by employers is offering employees “comp time” which is time off instead of overtime pay. This practice violates the law unless you work for a public employer such as a government.

Make Sure It Isn’t a Mistake

If your employer won’t pay you for the overtime you have worked, the first thing you consider is asking the employer why it failed to pay you all overtime you earned. If your paycheck seems short, you might find out if the overtime is coming on a later check, on a separate check, or in some other fashion.

Also, it is possible, but unlikely, that your employer made a mistake in not paying the overtime. For example, the employer may have made an honest mistake, your time may not have been recorded properly, or it went to the wrong employee. Talk to your supervisor, manager, or payroll if you are comfortable to find out what your employer says about the non-payment.

It’s always a good idea to keep track of your own time worked. Write down the times you worked including anything over the standard of 40 hours per week so you have your own proof of overtime.

Ask your fellow workers if they too experienced this, or if it is only you or a few people. Employers will often single out a few people who they think won’t do anything about the situation.

Contact a Lawyer

If your employer won’t pay for overtime worked, then you should contact an employment lawyer. You can then discuss whether you should file an unpaid overtime claim.

An employment attorney knows your rights and can access resources that you are not aware of. The employment attorney will protect your rights and get you the compensation you deserve.

When Your Employer Won’t Pay Overtime

Don’t let your employer take advantage of you and steal the overtime you worked. Get great advice and get everything that is owed to you and more. Contact us here at Rowdy Meeks Legal Group LLC for more information or to set up a consultation.