Should I get paid overtime if I work over 40 hours?
Find answers to your legal question.
Should I get paid overtime if I work over 40 hours?
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I work in the state of New York. I'm paid every week. We use an electronic clock to account for our hours. If I work overtime (over 40 hours for our company), I will not get paid at all for those extra hours unless I fill out a form for each day I work including the time I came in, took lunch, came back, and clocked out. The total overtime hours worked must also be filled in, including what I was doing during that time.
I've worked for companies that require approval BEFORE the overtime is worked, but it seems to me that once the overtime is worked, there's no choice but to pay an employee for that time, with or without the form.
Is it legal to withhold pay for extra hours worked because the overtime form is not completed?
Additional Details
Also, Is it legal to require an employee to attend an 8 hour class without any pay? We all have to go a security class to work at our location, but we don't get paid for it.
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Judy
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You are right that they have to pay you for overtime hours worked. But if policy is that you fill out the form, and you don't do it, they can fire you for not filling it out.
The 40 hours a week isn't just for your company, it's federal law as the cutoff for being paid overtime.
They have to pay you for the time you spent in mandatory training. |
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airjarrod
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It sounds like you don't clock out for lunch.
If they don't know how long you've taken for lunch, they can't tell how long you worked overtime. |
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leysarob
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Legally you must be paid for all hours worked over 40. However, you can be terminated for not following the rules of your workplace -- like getting the proper forms completed.
File a wage complaint with the NY Department of Labor |
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