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It is our company's policy that all overtime must be pre-approved by our Department Manager prior to working it. If the manager does not approve the timesheet(s) for the pay period (that the employee put in for over-time), what can the employer legally do in terms of payment for that pay period? In other words, does the company still have to pay the overtime even though it was not approved?
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Yes, the employer still has to pay the overtime even if it was not approved.
However, the employee can be disciplined up to and including termination for working unapproved 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. -
And just for backup, here is the FLSA regulation that says so.
http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.13.htmI don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.Comment
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Thank you for the clarification!Comment
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You're welcome. That was an easy one.
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