Is it illegal for an employer not to pay overtime?

Question

If someone works 2-3 hrs overtime every day is it right for the company to not pay for those hours?

Answer 1

Hourly employee = Yes, if not, Sue

Salaried employee = You are screwed.

Answer 2

The fair labor standards act requires overtime pay for hourly workers, but not for those who get paid a salary AND do not have to account for their time.  However, that federal law applies to  hours in excess of 40 per week.  There are a few states that require daily overtime pay, for more than 8 hours in a day, but not every state has that rule.

Answer 3

If you are an hourly employee, they have to pay it. If you are a salaried employee, they don't have to.

Answer 4

If you are an hourly employee and you work more than 40-hour weeks, or more than eight hours any given day they must by law pay you at least 1 1/2 times your normal pay for all hours over that time.

Answer 5

yup

Answer 6

In regards to "overtime", you first have to be hourly and secondly, you would have to work over 40 hrs. within one week.

Answer 7

If it is over 8 hours per day and over 40 hours per week, and you are not on salary--I would think it is illegal, but you would need to contact the Bureau of Labor in your state.

Answer 8

From a lawyer.  It doesn't matter if your employer calls you hourly, salaried or contract labor so long as your work is one of the jobs included within the overtime coverage by federal law.  An employer doesn't have to pay overtime over 40 hrs in a week.  If you work 24 hours one day in that week but work only a total of 40 in that week, you are not entitled to overtime.  Overtime only applies to weekly hours, not daily hours.  Find a lawyer that handles overtime cases because the lawyer will be very interested in talking with your, especially in his hope that he will be able to make it a class action case against our employer, even if it is a national employer, like Walmart.  Be careful about legal answers from non-lawyers.

Answer 9

I think Walmart and CVS proved that you have to be paid.

Answer 10

If you are hourly they do have to pay for the time worked, however if you are a salary employee overtime is incorporated into you pay.