Employers cannot legally require unpaid overtime in most cases. Generally, employees must receive at least time and one-half their regular rates of pay when working overtime. However, some employees are exempted from this requirement.
For example, salaried employees may not get additional pay for working overtime. A Boston wage theft and overtime pay dispute lawyer can give you more information about the laws employers have to follow and your options if you believe an employer failed to properly compensate you for overtime work.
Is Requiring Unpaid Overtime Legal?
According to federal laws on overtime pay, all eligible full-time and part-time employees must legally receive overtime pay if they work more than 40 hours in a week. Employers cannot legally require unpaid overtime for these employees. Massachusetts overtime laws support these federal regulations.
Employers have a duty to provide fair pay to their employees, including workers who put in extra hours throughout the week. You can get professional help from a Boston labor and employment law firm if you believe an employer failed to properly pay you for your work.
For a free legal consultation, call (860) 999-9394
Exceptions to Overtime Pay
Some employees will not qualify to receive time–and-a–half overtime compensation. The U.S. Department of Labor (DOL) provides information about exempted employees in its overtime pay fact sheets.
These exceptions may apply to:
- Executive employees
- Administrative employees
- Learned professional employees
- Creative professional employees
- Employees in some jobs in the computer field
- Outside sales employees
Generally, employees in any of these groups must exceed a certain weekly wage threshold before the exception applies. They must meet certain standards for their job duties and, in some cases, training.
Do Overtime Exemptions Apply to Blue-Collar Workers?
These exemptions should only apply to white-collar employees. Blue-collar employees and manual laborers should still receive standard overtime pay when working more than 40 hours a week, even if it appears that they would fall into one of the above categories.
An attorney can give you more information about specific exemptions to overtime pay laws and can explain if it’s legal to require unpaid overtime.
Do Workers Automatically Get Overtime on Weekends?
Employers are not legally required to provide overtime pay for hours worked on weekends or holidays, unless the hours an employee works exceed 40 hours for the week. For example, if an employee generally works on Saturday and puts in 40 hours every week, they will not qualify for overtime payment.
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What to Do if Your Employer Tries to Require Unpaid Overtime
Despite clear federal and state regulations on overtime pay, some employers will attempt to deny employees fair compensation. If you find yourself in this situation, you have options that can help you recover the money your employer owes you for your labor.
You can take charge by:
Tracking Your Hours
You need clear proof that your employer has not paid you fairly. You need to keep records of any hours you work, your pay, and the overtime hours. You can use time-tracking apps or a notebook to accomplish this. You must have proof of misconduct before proceeding further.
Bring Up Your Concerns With Your Employer
In some cases, employers fail to provide overtime pay due to a mistake or oversight. Errors in payroll software may sometimes prevent employees from getting the money they earned.
You can mention the discrepancy to HR or your manager. Hopefully, they can quickly correct the issue on their end with no further issues.
File an Official Complaint
If your employer refuses to fix the issues with your pay, you can reach out to the U.S. Department of Labor Wage and Hour Division or the Attorney General’s Fair Labor Division in Massachusetts.
You can file a workplace complaint online, providing information to get assistance on your claim.
Reach Out to an Attorney
You can get professional help from a lawyer who understands wage laws in Massachusetts. An attorney can explain your options, help you gather the evidence you need to back up your claim, and support you throughout the legal process.
You do not have to try to stand against your employer alone if you suspect that they’ve failed to pay you fairly for your overtime hours. Instead, you can get the professional assistance you need to confidently address this abuse of an employer’s power.
A lawyer can answer any questions you have, help you avoid mistakes that could damage your claim, and stand by you every step of the way.
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Talk to Us if Your Employer Tries to Require Unpaid Overtime
So, is it legal to require unpaid overtime? In most cases, no, employers must pay at least time-and-a-half to employees who work over 40 hours in a week. While exemptions may apply, these cases generally only involve specific white-collar employees.
You can reach out to our team at Duddy, Goodwin & Pollard if you believe your employer has withheld money you earned. We’re standing by to review your situation and help with your claim, using our years of experience to assist.
Call or text (860) 999-9394 or complete a Free Case Evaluation form