What can I do if I worked over 40 hours but was not paid overtime?

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What can I do if I worked over 40 hours but was not paid overtime?

When I started my job 4 months ago I was told overtime was going to be paid.

Now they are telling me that I can only work 40 hours. Yet, all this time I been getting

paid for 40 hours but working more than that. Now they don’t want to pay me the

overtime that I worked. What can I do? Can I still claim the overtime hours that

I’ve worked.

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

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Hourly workers can be "exempt" from overtime laws, however by far the majority of such workers are "non-exempt". This means that for for all hours worked over 40 in a week, they must be paid 1 1/2 times their hourly rate. To receive the monies owed you, you can file a wage claim with your state's department of labor and/or file suit in small claims court. In either event, you must be able to offer proof of your claim.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Assuming that you are not exempt from overtime--and if you are an hourly employee, you are not exempt--then you can file a wage and hour claim for unpaid back overtime due to you for up to the last 2 years. (Obviously, you'd have to be able to substantiate or prove the hours you worked.) Try filing a complaint with your state or the federal department(s) of labor; alternatvely, you could bring a lawsuit (e.g. in small claims) for the money.


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