What Can I Do if my Employer Refuses to Pay Overtime?

You can go to Court to get double the amount of overtime you are owed plus your attorney’s fees if your company refuses to pay you overtime.

Employees generally have the right to be paid for all the hours they work, including any overtime hours.

Most employees are legally entitled to receive overtime pay at a rate of one and a half times their regular rate of pay for any hours worked over 40 in a workweek, unless there is an exemption under the Fair Labor Standards Act (FLSA).

Some employers may refuse to pay overtime to their employees and if you are in this situation, there are some concrete things that you can do to protect your rights.

Why am I Not Being Paid Overtime?

First, it is important to understand why your employer may be refusing to pay you overtime.

There are several reasons why an employer refuse to pay overtime hours worked in a given week, such as:

1. Wrongful employee classification: Some employers misclassify their employees as exempt from overtime when they are actually non-exempt. Exempt employees are typically salaried employees who are not entitled to overtime pay, while nonexempt employees are typically hourly workers who are entitled to overtime pay.

2. Not knowing the federal law is: Some employers may not understand the FLSA regulations and believe that they are not required to pay their employees who work overtime.

3. Choosing to break the law on purpose: In some cases, some employers may intentionally refuse to pay overtime to their employees who work extra hours in order to save the company money.

What Can I Do About Not Receiving Overtime Pay?

If you think that your employer is refusing to pay you overtime, there are several steps you can take to protect your rights:

1. Talk to your employer: The first step is to talk with your employer about the unpaid overtime issue. In some situations, your employer may not be aware that they are not paying you overtime. Be sure to keep a record of your conversation and any promises made by your employer to pay you the total hours of overtime owed.

2. Call the federal Department of Labor: If your employer refuses to pay you overtime after you have spoken with them, you can file a complaint with the federal Department of Labor. The Department of Labor will investigate your claim and may take legal action against your employer to recover the unpaid overtime.

3. Hire a lawyer: If you are considering taking legal action against your employer, it is important to hire an attorney who is experienced in employment law. An attorney can help you understand your rights, advise you on the best course of action, and represent you in court if necessary.

4. Keep good records: If you are not being paid overtime, it is important to keep accurate records of the hours you work. This includes keeping track of the hours you work each day, the days you work, and any breaks you take. This information can be used as evidence in court if necessary.

5. Consider joining a collective or class-action lawsuit: If you are not the only employee who is being denied overtime pay, you may be able to join a collective or class-action lawsuit. A collective or class-action lawsuit is a legal action brought by a group of employees who have been similarly affected by their employer’s actions. This can be a cost-effective way to pursue your claim.

It’s important to remember that if your employer is refusing to pay you overtime, they may also be violating other labor laws.

For example, they may be misclassifying you as an independent contractor when you are actually an employee, or they may be violating minimum wage laws.

What is the Next Step if I Believe My Employer Refuses to Pay Overtime?

If you suspect that your employer is engaging in any illegal practices, it is important to speak with an attorney as soon as possible.

In conclusion, if your employer refuses to pay overtime hours in a workweek, you have several options available to you.

The first step is to speak with your employer about the issue, but if they continue to refuse to pay you, you can file a complaint with the Department of Labor, hire an attorney, keep accurate records, consider joining a collective or class-action lawsuit, and be aware of any other potential violations of labor laws.

It’s important to protect your rights as an employee.