Overtime is something that many businesses try to avoid. After all, they have an obligation to pay at least 150% of the standard hourly wage of a worker once they qualify for overtime pay, which can drastically increase the company’s staffing expenses.
Some businesses have strict rules prohibiting any sort of overtime by their staff members. These rules are acceptable and legal in most cases, as is requiring workers to put in overtime hours so that they don’t have to hire additional staff.
However, when the company demands that workers put in more than 40 hours in a given workweek, they also have an obligation to pay overtime wages. What happens if the company wants you to work more but doesn’t want to pay you for that time?
Your boss might ask you to clock out and keep working
Sometimes, managers have no shame about their intent to violate your right to overtime pay. They will tell you that you have reached your 40 hours but that they might need more of your time. Such statements often go hand-in-hand with requests or even demands that you clock out of your shift and then resume working. Other times, they may assign certain cleaning or prep work to be done off the clock every time you work.
These kinds of practices are against the law and a violation of your right to receive payment for the time that you work.
Your employer might change the records because they didn’t approve overtime
Some companies have written policies stating that management or even the corporate offices must approve any overtime requests by staff members. However, you may have no choice but to work extra hours if someone calls in sick or if you get very busy one day.
If the company retroactively changes when you clocked out because they didn’t approve your overtime, that is also a violation of your rights. If you worked that time, you should get paid for it regardless of the company’s policy.
Hourly workers denied their basic federal right to overtime pay can potentially take legal action against their employer or former employer for violating their rights. Such an action can result in the payment of unpaid wages and can also force a company to change its practices so that they no longer violate the law and employee rights.