Can my employer refuse to pay overtime?
Asked by: Clementine Bosco | Last update: April 10, 2026Score: 4.5/5 (9 votes)
No, your employer generally cannot refuse to pay legally earned overtime for non-exempt employees under the Fair Labor Standards Act (FLSA), which requires time-and-a-half pay for hours over 40 in a workweek, but they can control when you work, even limiting or stopping overtime to avoid paying it. They can't make you sign away your right to overtime pay, but they can set policies, restrict hours, and discipline or fire you for unauthorized overtime or failing to get work done within normal hours.
Can a company legally not pay you overtime?
If an employer mandates overtime but does not pay the required overtime wages, they are violating California labor laws. This is considered wage theft, and employees have the right to file a claim to recover their unpaid wages.
What if my boss doesn't want to pay me overtime?
There are several options for seeking lost wages if your employer refuses to pay overtime you're entitled to. The first is to contact the U.S. Department of Labor's Wage and Hour Division. Individuals may call or visit their local wage and hour office to file a complaint, or call WHD's toll-free helpline.
Why would an employer not want to pay overtime?
Under the Fair Labor Standards Act (FLSA), only non–exempt employees are entitled to overtime pay, meaning some salaried employees or those in certain industries may be exempt. Employers can misinterpret or ignore overtime rules, leading to withholding of extra pay.
What are the rules of overtime pay?
California. In California, employers are required by law to provide 1.5x pay for every hour an employee works beyond: 40 hours in a workweek. 8 hours in a workday.
I am paid a salary, but should I be receiving overtime when I work more than 40 hours in a week?
Does an employer have to pay me overtime?
Your employer needs to have a clear policy in place about how overtime is requested, authorised and recorded, and about how overtime pay is calculated. If you are an hourly-paid worker, you must be paid for all overtime worked at the request of the employer.
What states pay OT after 8 hours?
California is the only state with double-time rules. California requires overtime pay of double an employee's regular rate of pay for hours worked more than 12 in a day and for hours worked more than eight on a seventh consecutive day of work.
How many hours straight can you legally work in a day in Arizona?
There are no state laws that limit the number of hours most employees can work per day or week, meaning employers can impose overtime work. However, employees are entitled to compensation for overtime hours worked beyond 40 hours in a workweek as mandated by the Fair Labor Standards Act (FLSA).
Can my employer move hours to avoid paying overtime?
Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance.
How many hours before you get paid overtime?
Is there a legal threshold for overtime hours? There is no single legal overtime threshold that applies to all employees. Although 38 hours per week is the NES benchmark for full-time employment, overtime may be calculated daily, weekly, or both, depending on the terms of the relevant award or enterprise agreement.
Is 40 hours and 30 minutes overtime?
Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek.
What is the 8 overtime rule?
The Eight and Eighty (8 and 80) Overtime System
This eight and eighty (8 and 80) exception allows employers to pay time and one-half the regular rate for all hours worked over eight in any workday and eighty hours in the fourteen-day period.
What are common overtime mistakes?
1. Not paying overtime. Non-exempt employees are entitled to 1 ½ times their hourly rate for all hours worked in excess of 40 hours per week. Employers often think that if the employee agrees to be paid straight time for hours worked in excess of 40 hours per week, that there isn't a problem.
Can you be dismissed for refusing to work overtime?
Failure to do so will render the initial agreement to work overtime to be of no effect. The subsequent dismissal of an employee for refusing to work overtime will therefore be unfair in the absence of a binding agreement. Summary of judgement prepared by Jan du Toit, Director at Labour Guide.
Do all states pay overtime after 40 hours?
Kansas: According to Kansas law, overtime kicks in at the 46-hour mark. However, all states are required to follow federal law, which requires overtime pay after someone reaches 40 hours per week.
What were the overtime rules?
The current rules give both teams the opportunity to possess the ball at least once in overtime. In 2017, NFL clubs approved shortening overtime in the regular season to 10 minutes from 15. The rule change was aimed at improving player safety.
What jobs are exempt from overtime?
Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.