Can an employer refuse to pay overtime even though you were required to work more than 40 hours?

UPDATED: Oct 1, 2022

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Can an employer refuse to pay overtime even though you were required to work more than 40 hours?

We were told to report 12 hours prior to our shift under a

Asked on September 6, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are an hourly employee, you must be paid overtime for all time worked past 40 hours in a week, assuming your employer does at least $500,000 in gross revenue/year and/or that it sells or buys anything in interestate commerce. If your employer is 100% local (no cross-state connections at all, not even for its inventory, like perhaps a local farm that only sells to local stores) and does less than $500,000/year in business, it is exempt from overtime and would not have to pay you. But unless exempt from overtime, an employer must pay all hourly employees overtime and if they don't, you could bring an overtime complaint to the department of labor.
Exempt salaried employees do not need to be paid more when they work more than 40 hours per week; the weekly salary is the total compensation they get for all time worked each.

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