During economic downturns, workers are often eager to earn as much as they can. At the same time, companies often look for ways to manage their operating costs. Employees might hope to take on overtime shifts as a means of increasing their weekly pay. If hourly or non-exempt salaried employees put in more than 40 hours in a single week, they may be eligible for overtime pay, which should be at least 150% of their standard hourly wage.
Can employers trying to control their operating expenses refuse to pay workers for their overtime hours?
Policies limiting overtime are common
Many businesses have rules in place to control overtime staffing expenses. Some companies require that managers approve overtime before the worker stays late or picks up an extra shift.
Other companies may have an outright prohibition on overtime. They may control staff scheduling to prevent any worker from putting in more than 40 hours. Regardless of the company’s policies, employees have the right to receive pay for the time that they actually worked.
If the company fails to enforce no-overtime rules at the scheduling stage and allows an employee to put in more than 40 hours, company policy does not make the refusal to provide overtime pay a lawful act. The worker denied their appropriate compensation for time already worked may have grounds for a wage and hour lawsuit.
Filing a civil lawsuit can potentially help workers secure the pay they earned and can push companies to change their practices. To get started, workers can review their case and scheduling history with a skilled legal team to verify that their employers have unfairly denied them the overtime wages they deserve in an actionable way.