Put Our Experience To Work For You

Free Initial Consultations

If I worked over 40 hours, can my job deny my overtime pay?

On Behalf of | May 23, 2023 | Employment Law |

The relationship between employee and employer should be one of trust and fairness. If you work more than 40 hours in one week, you likely trust that your job will provide the fair amount of overtime pay that you deserve.

If your employer attempts to deny you overtime pay or simply sweep the matter under the rug, however, that is a significant betrayal of trust that will forever harm the relationship you have with your job. You still deserve the pay you are due, though, so it is important to understand your right to overtime pay and what steps you should take next.

What does the law say about overtime requirements?

The U.S. Department of Labor explains that, according to the Fair Labor Standards Act, employees must receive overtime pay of at least time and one-half their regular pay for hours worked in excess of 40 hours in one workweek. The FLSA defines a workweek as a fixed and regularly recurring period of 168 hours. The provisions of the FLSA are federal laws and therefore apply to eligible employees nationwide.

What can I do if my job denies me overtime pay?

Your first priority when an employer violates your rights to fair payment is often to file a complaint with the Department of Labor’s Wage and Hour Division. You also have the right to pursue a civil lawsuit against your job after which your employer must render court-mandated compensation to you if the court rules in your favor.

If your circumstances fall under terms of overtime as per the Fair Labor Standards Act, then your job has no right to deny you overtime pay. If your employer attempts to do so, then it is important to defend yourself through legal action.

FindLaw Network