Is NOT getting paid for overtime illegal?

V.T.V.RAM

OVERTIME-as the name itself suggests is extra work performed and an employee working overtime is statutorily bound to be paid extra wages for period of extra work OR given compensatory off for this period !!

Debi

It depends on your status with the company. Some employees are listed as exempt and some non-exempt.

In general, NON-EXEMPT employees must be paid according to minimum wage and overtime laws, but EXEMPT employees do not.â€

butter1944fly

Look at the Fair Labor Standards Act. If you are a non-exempt employee you must be paid overtime for all hours over 40 in a defined work week. The employer must define the work week and cannot change it arbitrarily. For example, it cannot be Sunday through Saturday one week and Friday through Thursday the next week.

There are some exceptions for certain jobs, the biggest being wait staff, and there is an exempt status for administrative and management staff. The criteria for exempt status is very well defined.

Gem

It really depends.

Go to the Fed's Department of Labor website and research overtime compensation/exempt rules.

Very likely your job is considered exempt and salaried, so no OT. Tell me this, do you get paid for 40 if you work less than 40?

Finally, if you don't like the job you are being asked to do, find a new job, that is how you fix it.

intheleast

In South Carolina, with the exception of outside salespersons and some computer professionals, the FLSA allows covered employers to avoid paying you overtime only if: (1) the employee is paid on a salaried basis; and (2) the employee performs exempt-level work.

Exempt work includes work performed "in a bona fide executive, administrative, or professional capacity . . . or in the capacity of outside salesman." These four general exemptions are often referred to as the "white collar exemptions" and apply to almost all covered employees.

What is important to remember is that, in order to be "exempt," the employee must be performing exempt-level work AND must properly be paid on a salaried basis. Otherwise, a covered employer must pay overtime.

Ask M

check with your local labor board they are hoping you are stupid or don't know where to find the answers but if you are hourly pretty much every state pays overtime after 40 hous unless you are salary

Expert Realtor

Not necessarily. If you are getting paid SALARY they do not have to pay you overtime.

If you are working for an hourly wage (you punch a clock) then anything over 40 hours in one week gets paid at 1 1/2 your normal hourly wage.

Bob D

Yes it is illegal if you are an hourly nonexempt employee.

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