Im not getting paid overtime is that legal?

michr

generally that is not legal BUT....
there are numerous exemptions and exceptions to state overtime laws and not all employers are covered by federal law (FLSA).
without knowing what your job is and if the employer is even covered under FLSA there is no way to give a definitive answer.
the best thing for you to do is contact your local department of labor and ask them, you can provide all the relevant details and get an accurate answer.
this is a list of all departments of labor in the US:
http://www.dol.gov/esa/contacts/state_of.htm

to determine coverage under FLSA:
http://www.dol.gov/esa/whd/regs/compliance/whdfs14.pdf

to see a list of some of the jobs that are exempt from overtime see:
http://www.dol.gov/elaws/esa/flsa/screen75.asp

here is just a small sample of jobs that are exempt form overtime or minimum wage:
Boat salespeople - OT
Buyers of agricultural products - OT
Companions for the elderly - MW & OT
Country elevator workers (rural) - OT
Livestock auction workers - OT
Local delivery drivers and driver's helpers - OT
Lumber operations employees of small (less than 9 employees) firms - OT
Motion picture theater employees - OT
Newspaper delivery - MW, OT & CL
Newspaper employees of limited circulation newspapers - MW & OT
Police officers working in small (less than 5 officers) public police departments - OT
Radio station employees in small markets - OT
Railroad employees - OT
Seamen on American vessels - OT

Richard N

If you work in the United States and get paid hourly, it is illegal for them not to pay you overtime unless they have a specific exemption from doing so. If it were me, I would contact both the Department of Labor and the Employment Standards Administration about the matter.

Steve D

No, it is not legal. Unless you are working as a firefighters or in a hospital or nursing home under an "8 and 80" plan (80 hours in a biweekly period), overtime at time and a half MUST be paid - this is laid out by the Fair Labor Standards Act and violators can be penalized with fines. I assume your employer is in the US - if so, either you can contact the Employment Standards Administration (Wage and Hour Division) at the US Dept. of Labor or he can go to the web site at http://www.dol.gov/esa/whd/index.htm

DBomb

No, not in California anyway.

Doctor Deth

if your position is truly hourly, then it's illegal - keep track of all your overtime worked - you could wind up getting a huge lump sum payback if "someone" reports them to the Dept of labor - ask the boos, under what laws are they not required to pay OT

Judy

No. Federal law requires time and a half pay for hours over 40. Some states have stricter rules. "We don't pay overtime" is not an option - assuming you are in the US.

Sid

then u should stop doing overtime...... and try to finish ur work in working hours......
it is not illegal if that is mentioned in ur contract .....u must have looked into ur contract carefully..... or u can cunsult any good lawyer....

kevin

Come on now down's syndroms, the first post was a whole list of exempted employees, obviously it is legal. Durrrrrr

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