Unauthorized Overtime Must Be Paid in Business and at Work


One of my favorite shows on National Public Radio is Car Talk; and one of my favorite segments is Car Talk’s Stump the Chumps, where listeners call in with their toughest car repair challenges for the hosts to solve on the air.

In that problem-solving spirit –  this week on HR-Stump-the-Chump:  “If I have an employee who works unauthorized overtime, am I required to pay that employee?”

And the answer is, unequivocally:  yes.

Quoting the U.S. Department of Labor:

An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee’s right to compensation for compensable overtime hours that are worked.

In other words:  if you as the employer have a policy requiring that employees obtain authorization before working overtime; and an employee works overtime without authorization despite that policy, you as the employer must still pay the employee for overtime worked. However, you as the employer also have the option of disciplining the employee for violating the policy.

How will you ensure overtime pay compliance this week and beyond, in business and at work?

 

Weekly time sheet

 

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