My employer only pays overtime for hours worked over 50 hours, he says that he is not required to pay for overtime until then. I was under the assumption that all employees were able to receive overtime pay after 40 hours unless you are salary or have a contract stating otherwise. I have not signed a contract stating I would work to 50 hours without overtime compensation.
If you are non-exempt, meaning you are not a manager and do not fall into one of the execptions to overtime, or if you are paid hourly, then the employer must pay you overtime in any week where you have worked over 40 hours. Even if you had signed some agreement to the contrary, you cannot waive your rights to overtime. You should consult with an attorney in your area to make sure you do not fall into one of the exceptions, and then request payment for your overtime rate, penalities for failing to pay you overtime, and legal fees for having to take legal action to get what the law requires.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.