Can an employer refuse to pay overtime?

Question

My employer has refused to pay me overtime stating that my hours were hand written on my timecard. Now heres the thing, on the days that I stayed over I stamped the timecard to show the time I left, on the days that I worked normal hours I just wrote the time in. I have turned my time card in like this since the day I started working here and never had a problem getting paid for the overtime worked until now. Can they do this to me or is there something that I can do?

Answer 1

Yes there is something you can do, and, no they cannot deny your overtime pay.

In the past they have paid you overtime under the same conditions as you stated in your question so it shows that there was a mutual agreement (legally). Make sure you have copies of past time records and pay stubs, it'll reinforce your case against them. If there is a change in the time keeping methods it needs to be in print or it should have been discussed with you.

The law states that any employee who is hourly paid must be paid for overtime in excess of forty hours per week.

If they fail to comply then you can notify the company's human resources and if they fail to comply file a report with the Federal EEOC (Equal Employment Opportunity Commission). Every state has a Federal EEOC office.

If that does not help you should consult a civil rights lawyer.

What your employer is doing is illegal. I worked for Prudential Securities a few years back and they had a class-action law suit brought against them for denying employees their overtime. They lost and had to pay many employees thousands of dollars. Several other big firms were sued for similar acts and they lost and had to pay up.

If you are owed overtime money then stand up and fight for it!

Answer 2

You need to check your Employee Handbook (or something with a similar title). There may be a requirement that your boss has overlooked. Someone in the front office may have decided to be hard-assed about it all of a sudden. I would go the begging route and state you've been an excellent employee etc. Ask for compensatory time off or ask if you can post the overtime on a future time card.
If you get refusals all around, you might also want to think about whether the company is having payroll/budget problems. Maybe there's been an edict from on high that they don't have money to pay for overtime and the supervisors should try to squeeze it out for free.

Answer 3

I can't believe most of the people answering this question are so ignorant about record keeping rules:


If it wasn't approved by a supervisor when you wrote your time in by hand, yes they can refuse to pay you for that time since it cannot be verified that you actually worked those hours. Many employees defraud their employers in that manner. Every employer is responsible for time keeping worker hours. Your company's method of choice is the time clock. For that reason, there are probably policies in place as to the rules on using the time clock. If so, I would bet there is a policy against writing times in without approval and initial on the time card of a supervisor. An employee can't just tell the employer he/she got overtime. It has to approved and authorized in a manner consistent with the employer being responsible for the record keeping of workers hours.

Answer 4

The laws regarding your complaint vary by state.What you should do in the future is have your employer sign your time sheet.In most states this obligates them to pay the hours stated on the sheet.You can also file a complaint with your local Office of the Attorney General but you will be asked for proof.You can do a search by using your states name and the acronym OAG.You'll be directed to all of the appropriate complaint forms.Do this as a last resort.Just follow the other steps that I indicated in the future.If you intend to leave your present employer then definitely file with the OAG.

Answer 5

You have not indicated what state you are in.
In California you must be paid overtime when you work over 8 hours a day or 40 hours per week.
In agricultural job that is changed.
You get overtime when you work over 10 hours a day.
You get overtime on the seventh day of work.
You get doubletime on the seventh day of work over 8 hours.

I don't see how the method of logging the hours would affect this.

Answer 6

What is the real reason why they are refusing to pay you overtime? Legally they have to pay you OT according to your state's laws. You have to decide if you are willing to put your job on the line in order to fight this. If you are, then report it to your state's wage and hour commission. Look in the yellow pages under government.

If you aren't ready to risk your job, then let it go, but refuse OT in the future or make a supervisor okay it in writing beforehand with you keeping a copy. Or ask the company what they require in order for you to get paid. Request their answer in writing.

Answer 7

A stamped card shows the hours worked, it is proof that you worked those hours.
A written card can have any time at all written on it, it has not been stamped to show proof of the hours worked.

Cards are stamped for a reason - the reason is to prove the hours you worked.
You cannot prove this because you didn't get you card stamped.

An expensive lesson to learn - Always get your card stamped

Answer 8

yes they can, refuse in any normal siutationn, we have never ever heard of using your own hanwriting etc, on a time card its a legal documement your overtime on your time card must be witnesseedd bye a manager or company official not you, if you were too pull that on a time crd you would be immediatelly fired out hit the highway!! never ever tamper with a time card neverr!! yes they can do this to you yo have no business scribling on a time card no what so ever none, if you had pulled that here you would be out t he door hit the highway!! thers nothing you can do, like we saud a time card here is stamped into the computer never ever writen in never, never never!!!

Answer 9

You need to contact your local EEOC or labor reporting in your state. They are jockeying you around to get you to work overtime and not pay you. You may not get your money - but if you complain your company will get an audit!

Answer 10

Sounds like it is time to contact the state labor board.