Can an employer reuse to pay overtime?

UPDATED: Oct 1, 2022

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Can an employer reuse to pay overtime?

I work 50 hours a week and only get paid for what they have written down on the schedule; they refuse to pay us past that time. Also, they make minimum wage employees pay for gas drive-offs. Can they do that legally?

Asked on July 23, 2018 under Employment Labor Law, Alabama


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

Answered 4 years ago | Contributor

If you are required to work past 40 hours in a work week, then under federal law (the Fair Labor Standards Act or FLSA), you must be paid OT if you are a "non-exempt" worker (that is typically someone who is paid hourly). Further, drive-offs are only allowed to be charged to an employee if they will make at least the state mandated minimum wage after such charges. At this point, you should file a wage claim with your state's department of labor or you and your co-workers should consult directly with a local employment law attorney; such a consultation may be for free.

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