Most people don’t mind working overtime. Who doesn’t like making extra pay from overtime? But, the whole topic of overtime can be confusing and complicated. Many people do not know how much they are to make working overtime or if they are even paid at all for their overtime hours.
You Must be Paid Overtime
Your employer must pay you if you work overtime. Your employer must compensate your at the legally required overtime rate for all overtime you work. The employer cannot make you take time off in another week instead of paying you for your overtime hours worked. This is often referred to as “comp time.” This practice is illegal unless you work for a public employer such as a city or state government.
Do not let employers try to make any sort of overtime deal outside of the law. Employers may offer something else or threaten you, but the bottom line is, you are entitled to the pay for all the hours you worked.
If you earn a set amount of money each week, regardless of how many hours you work, your employer may refuse to pay you overtime. However, employers often pay employees a salary to avoid paying overtime hours.
The way you are paid does not determine your right to overtime pay. Even if you were told that you would be paid a certain salary regardless of how much you work, you may still be entitled to overtime pay.
You Can be Forced to Work Overtime
If your supervisor needs you to work overtime and you refuse, they can fire you. However, they should find volunteers to fill the positions first. Just because they can fire you doesn’t mean they should.
While that is the law, there are circumstances employers need to consider. People may need to get home with small children or people may be ill and unable to work longer hours.
If you are fired because you refused working overtime and you feel it was unjust, contact an employment lawyer right away. There are always exceptions to these rules.
Employers cannot force employees to work overtime for no pay. Again, your employer must pay you for all the overtime hours you work.
What is Overtime?
There are exceptions to these regulations but the law requires overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek.
This is the standard law for employees. There will be variations from state to state and the actual place of employment. But these are the standards where every employer must start when it comes to overtime.
If you are ever in a situation where you are owed overtime and your employer is refusing to pay it, contact an employment lawyer for advice.
Rowdy Meeks Legal Group focuses our legal practice on vigorously representing employees in nationwide class action pay claims. We have extensive experience in recovering overtime that employers previously refused to pay.
Please contact us if you need advice or help to get the pay you are owed.