What can I do when my employer isn’t paying me my overtime?

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What can I do when my employer isn’t paying me my overtime?

I have been working for this business for a little over five months. When I first started working over time my boss told me that they would pay the overtime in cash. However, I haven’t been receiving it. I usually work anywhere from 55-60 hours a week. Every time I remind them about it they say they don’t have cash on them but they’ll give it to me the next day. It’s been going on like this for months. The reason I haven’t left this job is that I’m a medically retired vet with a permanently broken ankle, so I can’t stand for long periods of time. In the past, it has taken me a good while to find a job.

willing to hire me. I’ve confronted the

owner about this issue multiple times

with no avail, now im looking to see

what my options are. Thank you for your

time and i look forward to your


Asked on January 23, 2017 under Employment Labor Law, Texas


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

Answered 7 years ago | Contributor

You can file a wage compliant with your state's department of labor and/or consult directly with an employment law attorney. The fact is that if you are covered by the FLSA (Fair Labor Standards Act), you are not only entitled to all overtime that is unpaid and due you but you may also be entitled to additional monies as well. Additionally, your employer can face stiff fines and penalties. Further, your employer may not take any retaliatory action against for filing a claim or otherwise pursuing your legal rights.

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