Can I sue my employer for unpaid overtime pay?
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Can I sue my employer for unpaid overtime pay?
My company requires me to work 50 hours per week, sometimes I work upwards of 60 hours. I do not get compensated for hours over 40. I am a salaried employee in OH in sales with a minor bonus potential. I had currently noticed that when I was submitting my vacation request for time off the system only allows 40 hours a week for time off which leads me to believe that I am not required to work more than 40 hours per week since that is what the system shows for vacation hours. Do I have any recourse to sue my employer for back pay for time that I have worked over 40 hours?
Asked on January 18, 2019 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you cannot.
1) If you are salaried, your salary is your entire pay for all hours you work in a week--no matter how many they are. There is no overtime.
2) You are required to work as many hours as your employer wants you to.
3) The fact that your vacation request only shows 40 hour is irrelevant; the system uses 40 hours as the normal default for full time work, whether you actually work 33 hours, or 38, or 45, or 50, etc., because these systems are set up to be used for both hourly employees (where tracking hours matters) and salaried (where it does not)--it just plugs in a standard 40 hour workweek for salaried staff.
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