What is an overtime violation?

What is an overtime violation?

If an employer wrongfully denies overtime pay to an eligible employee, it can be considered a violation of the Fair Labor Standards Act. This means that the employee may be able to take legal action to recover lost overtime wages that should have been paid to him or her.

Is there an illegal amount of overtime?

Legally, your employer can’t make you work more than 48 hours a week, including overtime.

Can I refuse to work overtime?

Non-guaranteed overtime does not have to be offered by an employer. However, when it is offered, the employee must accept and work it. If an employee refuses to work overtime they are obliged to work, the employer may view this as a breach of the contract and proceed with disciplinary action.

What does the law say about overtime?

Generally, the employee can legally refuse to work more than 45 hours per week normal time and he can legally refuse to work more than 10 hours per week overtime and he can legally refuse to work more than 12 hours in any one day, consisting of nine hours normal time and three hours overtime.

Can an employer not allow overtime?

Under California’s overtime laws, employers usually can require mandatory overtime (“forced overtime”). And employers can discipline workers – including firing them – who refuse to comply. An exception is that employers cannot discipline workers who refuse to work the seventh day of a workweek.

Legally, your employer can’t make you work more than 48 hours a week, including overtime. If they want you to work more than that, your employer has to ask you to opt out of the 48-hour limit. Find out more about the maximum weekly working time limit.

Can I be fired for unauthorized overtime?

An employer can also, under the Fair Labor Standards Act, fire you for not working overtime if they ask. The federal law states that employees must be paid for working overtime, but does not put a cap on the number of hours an employee can work in a day or week.

Do you have to pay overtime over 40 hours a week?

No, if you are required to work over 40 hours a week, and you are eligible according to the Fair Labor Standards Act (FLSA), then your employer must pay you time and a half for every hour over 40. Can my employer keep me from working over time?

How does overtime pay work if you are nonexempt?

Without such an agreement, the overtime pay would be computed from the weighted average of both pay rates. In this case, since the employee is nonexempt but the second job is exempt, the situation is treated as if all jobs are nonexempt. Therefore, the employee would receive overtime pay for all hours worked over 40.

Can you be fired for not working overtime?

Yes, the law requires that employers pay eligible employees time and a half for overtime hours. Your employer may discipline you for working unapproved overtime hours, but they must still pay you. Can I be fired for not working overtime?

Do you need a lawyer to get overtime pay?

Naturally, the answer depends on the state, the jobs, and eligibility. This requires a more in-depth answer, looking at the different variables that could influence the outcome. And in your case, you may need to speak with an employment lawyer to find out how your employment lines up under the law.