lundy
05-18-2005, 11:22 AM
My husband's employers are refusing to pay him overtime for hours worked. He clocks in and out via a computer and at the end of the pay period if he has any overtime they delete it. He had 3 hours of overtime one pay period and they told him they weren't going to pay him for it. This pay period he only had one hour and they deleted that too. Are they allowed to do this?
Thanks for any help!!! :)
Is your husband and exempt salary employee by any chance?
lundy
05-18-2005, 11:46 AM
No he isn't. He is paid hourly and he gets docked pay if he is late or needs to leave early. They told him they just don't want to pay him overtime, they can't afford it.
Ok, well here is the law. http://www.dol.gov/dol/topic/wages/overtimepay.htm
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.
DonaldLM
01-16-2006, 07:12 PM
Can an employer insist that you work overtime in the state of Ohio? And if you refuse can they fire you?
Pattymd
01-17-2006, 12:16 AM
Yes, they can, to both questions.