If I worked overtime but did not get paid for it what should I do?

I get paid every 2 weeks and get paid hourly. I clock in and out and copy my time card every friday. I’ve put in overtime but only get 80 hours on my check. My employer has paid me overtime before but hasn’t the past 3 checks. I don’t know what to do. I like my job but I like to get paid for what I work too. What is the best way to pursue this?

Asked on June 8, 2012 under Employment Labor Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are not exempt from overtime--and essentially no hourly employee is exempt; that  is, if you are an hourly employee, you are entitled to overtime--then you must be paid overtime for all hours worked past 40 in a single week. There are no legal grounds for not paying nonexempt workers their overtime when they earn it. If you have not been paid overtime, you could contact the state department of labor to file a complaint, and/or sue your employer for the money. The employer is not legally alllowed to retaliate against you for bringing an overtime complaint, which does not mean that they won't take action, such as terminating you--but if they do, that could give rise to yet another legal claim against them.

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