If you work more than 40 hours a week, you’re likely entitled to overtime pay—yet many employees don’t realize they could be owed additional compensation. Unfortunately, some employers purposely avoid paying overtime, cheating workers out of their hard-earned wages.
How to Tell if You’re Eligible for Overtime Pay
Am I Eligible for Overtime?
The short answer: it depends on the work you actually do, not just your job title or what your boss says. Most hourly employees and many salaried employees are entitled to overtime unless they meet specific criteria. Typically, if you don’t have a role with significant decision-making responsibilities or make over a certain salary threshold, you’re likely entitled to overtime pay. Consult an employment lawyer to confirm your eligibility.
Common Tactics Employers Use to Deny Overtime Pay
Employers often use questionable tactics to avoid paying overtime, including:
- Claiming Exemption: Telling employees they’re “exempt” because of their salary or job title.
- Off-the-Clock Work: Expecting employees to work outside regular hours without compensation.
- Underreporting Hours: Not counting all hours worked toward overtime calculations.
- Offering Comp Time: Suggesting compensatory time instead of overtime pay, which may be illegal.
If any of these tactics sound familiar, it’s essential to protect your rights by documenting your work hours and monitoring your pay records.
How to Protect Your Right to Overtime Pay
- Keep a Detailed Record of Your Hours
Maintain records of all hours worked, especially any work done off the clock or remotely, like answering emails or attending meetings. Personal records can help if your employer disputes your hours. - Review Your Pay Stubs Regularly
Check your paystubs each pay period to confirm you’re being paid correctly, including overtime hours. If something seems off, ask your employer for an explanation and retain any written correspondence.
What to Do if You’re Denied Overtime Pay
If you think you’re owed overtime, consider filing a complaint with the Department of Labor’s Wage and Hour Division. Additionally, consulting with an experienced employment lawyer can help you recover unpaid wages and potentially secure additional damages.
Consult an Employment Lawyer
If your employer has underpaid or withheld overtime, seeking legal advice can be crucial. An employment lawyer can assess your case, work to recover lost wages, and ensure your rights are protected.
Don’t let your hard work go unpaid. If you suspect your employer is denying you the overtime pay you’ve earned, take action today!
Have Questions?
Reach out to us anytime. Call us in New York City (646.524.6001) or Cleveland, Ohio (216.600.7994) or contact us by e-mail any time. We’re here to help you understand your rights and protect what you’ve earned.