Is it illegal for an employer to not pay overtime wages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it illegal for an employer to not pay overtime wages?
I’m a minor and have worked over the limit of 44 hours in my state. I like the extra hours and don’t want to cause trouble. Should I say anything?
Asked on October 15, 2011 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Two different issues:
1) Can an employer not pay overtime? Only if the employee is exempt from overtime. There are certain categories of employees--mostly professionals (e.g. lawyers, doctors, engineers, some high-level computer people), managers/executives, high-level administrative staff with alot of discretion or authority, outside sales people--who do not get overtime, but the vast majority of other staff should be paid overtime for all hours worked past 40 in a week.
2) Should you say anything? You cannot legally be retaliated against for raising an overtime issue or claim, but cetainly the company still could do things such as adjust schedules so you don't get extra hours (when and who to schedule extra hours/overtime for is discretionary). So assume that raising the claim will impact on your relationship with your employer in some way, even though it's not suppossed to, and decide if it's worth it for the extra pay.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.