As an employee, you want to be fairly compensated for the work you do.
Unfortunately, it is quite common for workers to be denied overtime pay. And it can happen for a variety of reasons:
- A worker may be improperly classified as exempt from overtime pay.
- A worker may be considered a manager, and therefore the business may deny overtime pay. However, simply having a manger title does not automatically exclude a worker from getting overtime pay. The law considers what duties the employee must perform as a part of the job, not just the job title.
- A manager may demand that a worker works for more than 40 hours a week, and never mentions or offers overtime pay.
When you are not being paid for working more than 40 hours a week and you are eligible for overtime pay, you are essentially working for free.
Remember: It is illegal for your employer to deny overtime pay if you are eligible for overtime pay. Your employer can be held criminally responsible. Additionally, your employer cannot fire, demote or otherwise retaliate against you for reporting an overtime violation.
What Should You Do If You Are Being Denied Overtime Pay?
It is advisable to talk to an employment lawyer about your situation. There are specific state and federal laws that protect you, the worker. And certain time limits may apply.
Trying to understand these laws and knowing what steps to take on your own can be extremely difficult and frustrating. An employment attorney can review your case and help you determine next steps. You may be eligible for back pay and additional compensation. You do not have to face this alone.
Bononi Law Group, LLP, offers a free case evaluation to prospective clients. Simply call our office at 213-550-5503 to reach our office in Pasadena.