Can I sue my employer for unpaid overtime pay?

UPDATED: Oct 1, 2022

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Can I sue my employer for unpaid overtime pay?

My company requires me to work 50 hours per week, sometimes I work upwards of 60 hours. I do not get compensated for hours over 40. I am a salaried employee in OH in sales with a minor bonus potential. I had currently noticed that when I was submitting my vacation request for time off the system only allows 40 hours a week for time off which leads me to believe that I am not required to work more than 40 hours per week since that is what the system shows for vacation hours. Do I have any recourse to sue my employer for back pay for time that I have worked over 40 hours?

Asked on January 18, 2019 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot.
1) If you are salaried, your salary is your entire pay for all hours you work in a week--no matter how many they are. There is no overtime.
2) You are required to work as many hours as your employer wants you to.
3) The fact that your vacation request only shows 40 hour is irrelevant; the system uses 40 hours as the normal default for full time work, whether you actually work 33 hours, or 38, or 45, or 50, etc., because these systems are set up to be used for both hourly employees (where tracking hours matters) and salaried (where it does not)--it just plugs in a standard 40 hour workweek for salaried staff.

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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