Is unapproved overtime legal?
Yes. Non-exempt employees in California are entitled to overtime pay for unauthorized overtime, which means that the employer did not expressly tell them to work extra hours.
How do you stop unauthorized overtime?
5 Ways to Prevent Unauthorized Overtime
- Time Clock Rules. Virtual TimeClock includes over a dozen shift rule options to help minimize unwanted employee overtime.
- Time Rounding.
- Auto Lunch Deductions.
- Paid Break Limits.
- Employee Schedules.
How do you address unapproved overtime?
What you should do is to treat unauthorized overtime as you would any other violation of a company rule. This means that the rules pertaining to overtime should be included in your company handbook and should, optimally, be addressed via progressive discipline.
What if overtime is not paid?
If you aren’t being paid overtime, a lawsuit may be an option. Under the Fair Labor Standards Act (FLSA), non-exempt hourly employees are entitled to receive overtime compensation for all hours worked in excess of forty each week. The rate for the overtime compensation is one and a half times the regular rate of pay.
Can my boss refuse to pay me overtime?
It is against California labor law for an employer to fail to pay an employee for overtime work. Exempt employees may not be subject to wage and hour laws, including overtime and lunch break laws. Exempt employees may include: White-collar workers.
Can I refuse to work overtime?
“Yes,” your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
Can I be fired for working overtime?
As you can see, regardless of whether you refuse to work overtime, your employer can terminate you for any reason as long as they provide adequate notice or compensation.
How do you tell an employee you have no overtime?
During this time, be respectful to the employee during the discussion, let them know that whatever changes had been planned were in no way related to their performance. Share the message about how all jobs – whether non-exempt or exempt – contribute to the organization’s overall success.
Can you be disciplined for overtime?
If you have ‘guaranteed compulsory overtime’ in your contract, this means your employer has to offer you overtime, and you must accept and work it. Your employer could take disciplinary action or dismiss you if you don’t do the overtime you’ve agreed to.