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Are jobs required to pay overtime by law?
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Are jobs required to pay overtime by law?

I have been working at this job for a month or so now and I have been putting more than 40 hours a week but It doesn't seem to me like they are paying me overtime.

I talked to my supervisor last week about it and he told me I would be getting my overtime in this week's paycheck but nothing happened. They now owe me 4 weeks of overtime and I haven't received anything.

has anybody had experience with this or have any legal advice that can help me figure this out? What should my next step be?

thank you!
Additional Details
I realized I left out some details.
I live in California and I get paid hourly at the end of every week.


    




(♥_♥)
Rating
no it's no required unless there is an agreement between you (or your union) and your employer.


Heather
I think 40 hours a week is not considered overtime. im pretty sure you can work 8 hours a day for 5 days a week for 40 hours and they only pay you mim. wadge or your regular pay.


jpgregory2001
Anything over 40 hours is to be paid in time 1/2 and holidays are to be paid double time. I would confront him again, go over his head if possible. Maybe even contact an attorney just to make sure there have no changes in the laws about overtime pay.


Miss Toy
They don't have to pay you OT if:
If it's a private company, they may
If you signed an agreement that says they don't have to pay you OT.

I would keep a record of the times you've worked for the past 4 weeks.
Go to Human Resources/Payroll and report it to them. If nothing happens, then take legal action - get a lawyer. You can also file a claim in small claims court.


E.B. Jacques
Rating
It all depends on what city, county, state you live in. And whether you belong to a union or not. Go find out and ask around.


SwanJJ
Rating
I'm not sure on salary-based jobs, but I do know that in Arizona they are required to on hourly based. Could be different depending on your state though.

"Overtime
For employees paid by the hour (non-exempt), employers are required to pay them 1 1/2 times their hourly rate for any hours worked over 40 during that work week."


The oldest of the Solo's
Rating
Depends on your position, salary or hourly employee? Salary does not get overtime.


kyle
It all depends on where you work and what you do. And if it is a good Professional job then yes they will pay over time but if you are working at a restaurant then no they will not pay overtime as you are expected to work late hours.


David
Rating
If you are in California they take this seriously.
Go to edd.ca.gov and look up the issues and facts in regard to this.
I think they need to pay you within a week but not sure.
You can also file a complaint I think or contact someone from that site or a list of numbers they provide. This is a clear violation of the law. If you must report it then do so.


Wowie
1. Make sure you have all of your paperwork together (All of the paycheck stubs, and the hours you worked that were not paid for.)

2. Go to HR and Payroll departments first. The company will appreciate you trying to resolve it within the company.

3. After a certain amount of time (my company is 30 days) they are not required to fix errors on paychecks.


renegadesail
Rating
Yes by law a company is required to pay overtime, or give comp time off, at one and a half times hours worked. Overtime is all hours worked past 40 per week. If your on straight salary they can work you any amount of hours without compensation, and don't have to pay overtime. You need to find out were you stand on this issue. Your local labor board can help.


Judy
For almost all jobs, time and a half pay is required for hours over 40 in a week (in CA it's usually for over 8 hours in a day).

Keep on your supervisor about it. You could complain to the state dept of labor, but could end up without a job so if you can resolve it with your boss, that's a lot better. If you don't get it this week, you might want to give him a written list by week of the OT you have worked.

Good luck.


knowitall
Do you clock in on a time clock and paid hourly or on salary? You need to keep track of your hours and talk to someone in HR.


thresher
Rating
Keep records,Look up labor laws in your area.They might change because of economy.


Conway Twitty
Rating
this happened to me a shitload of times, i finally quit lol...theyre just using u

i suggest u find urself a new job, if this continues to go on


Raven
Rating
California does require overtime pay for nonexempt employees who meet the requirements. However there are a number of exemptions and exceptions where overtime pay is not required.

This site has all of the information you need. If you meet the requirements of a nonexempt employee and you're job field does not fall under any of the exceptions/exemptions, I would suggest going to your HR/payroll dept first. If that doesn't work, then you can file a wage claim against them for the pay that you are due. There is a link on the site to file a claim as well.

http://www.dir.ca.gov/dlse/FAQ_overtime.htm





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