can my employer deny me overtime pay because of false accusastions

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can my employer deny me overtime pay because of false accusastions

my employer has just denied to pay my overtime because she accused me
of editing my clock in and out times. I was unaware that even though i
am salaried payed that i still get overtime so over the 8 years i have
been with the company i never received overtime pay. I had a talk with
my employer today and she just kept redirecting everytime i asked for
my overtime pay so do i have a case or what is the next step or what i
should do because i cant afford to lose this job

Asked on August 24, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are not exempt even though you are salaried, then she had to pay you overtime; if she will not, your recourse would be to sue for the money (that's the only way to get it). To win, you'd have to show in court that you worked the hours (e.g. by time cards or logs); your employer will have a chance to try to dispute or disprove that you did not do that work. Note that you can only recover the past two years of unpaid overtime if you win; the law does not let you reach back further into the past than that.


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