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  • Overtime Maryland

    I work for a small company in MD and have been working overtime to catch up on projects. My employer did not ask nor require me to work overtime, however he also never told me I would not be paid for the extra hours. I have since stopped working overtime since I did not get paid for the hours I worked, but I'm curious to know whether my employer must pay me for the hours I worked, even though he didn't approve them.

    Thanks!

  • #2
    You must be paid for all the hours you worked, approved or not.

    However, you can be disciplined, up to and including termination, for working unauthorized overtime.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I'm not disagreeing with what cbg said at all, as she is correct,however, you are only entitled to OT if you are paid on a non-exempt (hourly) basis. If you are an exempt employee, then your employer does not have to pay you more even if you worked more hours than you normally are scheduled.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        The other posts above are correct. If you are non-exempt, you must be paid for overtime (even if not "approved"). If you are exempt, there is no overtime.

        The question is whether or not you should be classified as exempt from the overtime rules (you don't get overtime) or non-exempt (you must be compensated for working more than 40 hours in a work week).

        I can't tell where you fall.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          thanks!

          I am hourly, so I'll pass this along to the appropriate people.

          Thanks for all your quick answers!

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          • #6
            You can show them this if you like.
            http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.316.htm
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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