Can GardaWorld not pay me overtime until after 50 hours?

UPDATED: Sep 30, 2022

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Can GardaWorld not pay me overtime until after 50 hours?

I was hired by an armored car company 4 months ago. The entire time I have been working with them I have not been paid for overtime until after 50 hours. This has become very troubling considering that I am a college student who has been working constantly over the 50 hour threshold every week. It doesn’t feel right that every other armored truck company in my area pays overtime after 40. I want to know if this is actually legal for them to do and if not and they are violating FLSA, what do I do next? Other information that I think would be useful is that: I’m hired on

Asked on August 24, 2016 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The law is very straightforward and clear on this point (e.g. the Fair Labor Standards Act): all non-exempt employees, which includes all hourly employees, MUST be paid overtime for all time worked past 40 hours in a week. Your employer not only needs to change its practice going forward, but appears to owe you back overtime, too. You should contact the department of labor to file an overtime complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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