Can an employer take away overtime you’ve worked from previous day

UPDATED: Sep 30, 2022

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Can an employer take away overtime you’ve worked from previous day

Can an employer take away overtime you’ve worked in a previous day on
mandatory 10 hours adayif you come in late 5 minutes one day

Asked on October 26, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No they can't "take away" overtime. All the employer can and must do is to accurately count up all the hours you work that workweek, then 1) pay you for all those hours, and 2) pay you overtime for all hours worked past 40. If they do anything else--e.g. take away time you already worked--they are violating the Fair Labor Standards Act (FLSA) and possibly state labor law, too; you could contact the department of labor to file a complaint and seek payment for the time they took away.

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